Legal Question in Personal Injury in Texas

Re: not able to work

Texas law as well as the law of most states will allow you to recover all damages "proximately caused" by the negligent driver. If you were already unable to work for a period of time because of a prior injury, then it is difficult to see negligent how driver was the cause of your lost earnings. However, if you can show that the vehicle wreck extended your recovery time or deprived you of of an opportunity to earn wages, then to that extent there may be recoverable lost earnings against the negligent driver.

Your question suggests that you were not injured in the wreck. Therefore, you are not likely to recover for lost earnings or medical expenses. Because there was a death of another person, you still may be able to recover for your mental anguish arising out of the wreck.

Re: not able to work

I'm sorry to hear about what happened to you. To answer your question, if you were not employed before the accident, it will be difficult to claim lost wages, as they would be speculative. YThere are other factors to consider. I suggest that you contact our office for a free consult to discuss the case in detail.

Re: not able to work

In Texas, the recovery is for loss of earning CAPACITY in the past and future, so the answer to your question is "yes, you can recover for loss of earning capacity in the past." Your situation is more difficult than the case would be if you were employed at the time of the accident. If you have a good work history--that is you have almost always been employed, then the wage earnings history will help establish what your past earning capacity is.

You should visit with your doctor about when you will be able to return to work and explain to him why you were off work on the date of the accident. Hopefully, he will make note of your conversations in your medical records which will help establish the genuineness of your claims.

Sincerely,

Joe D. Gregory

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