Anytime you’re hurt in an auto accident, it is a scary time, marked by physical pain along with emotional stress. That emotional toll can become exponentially larger if the injuries you suffered are the type that could negatively impact your ability to continue performing your job. When that happens, you are probably filled with fear and uncertainty. If your vehicle accident injuries will prevent, or significantly delay, your returning to work, you need the right San Mateo accident injury attorney on your side so that you can get the compensation you need.
M.B. was one of those people whose accident dramatically altered her personal life and her work life. A tow truck driver who failed to stop for a red light slammed into her in an intersection, allegedly breaking her wrist, causing two fractures in her back and damaging her neck. The back injury did not require treatment, but the wrist injury required one surgery already and a fusion surgery was expected to be necessary in the future. The woman’s neck injury also required surgery, according to her complaint. (Orange County Superior Court Case No. 30-2018-01020990.)
Intersection accidents like M.B.’s are often serious. Federal statistics compiled by the National Highway Traffic Safety Administration (NHTSA) revealed that more than one-third (36%) of crashes nationwide were intersection-related. NHTSA’s statistics for California were similar, with more than one-quarter (26%) of all fatal crashes in this state in 2018 being intersection-related.
Neck injuries and serious wrist injuries are things that potentially can delay or prevent a wide spectrum of people from being able to do the jobs they did before. Anyone from auto mechanics to doctors to nurses to daycare workers to construction workers might find that these sorts of neck and wrist injuries prevent them from doing the essential duties of their jobs.
Lost wages, lost earning capacity and recovering damages for each
When that happens, you need to know how to go about getting all the compensation that California law allows. California law allows you to pursue both “lost wages” and “lost earning capacity.” Lost wages refers to the income you would have earned in the past but failed to earn because of your injuries. Lost earning capacity refers to the future earnings you missed out on due to your injuries.
Lost earning capacity can sometimes be tougher to prove than lost wages because it involves doing an analysis that looks into the future, as opposed to looking back over the past. One way you can clear this hurdle is through evidence provided by an expert witness (or witnesses.) In this area, economists and vocational experts can provide very valuable proof when it comes to establishing lost earning potential damages.
M.B. had both medical experts and an expert economist at her trial. These experts helped support her argument that her injuries would keep her out of work for an extended time and warranted a substantial lost earning potential award.
The jury ultimately found in favor of M.B. and awarded her $2.5 million, $1.2 million of which was lost earning potential damages.
Serious auto accidents that significantly injure you are always very scary and upsetting events. The good news is that, with the right evidence and the right legal representation, you can recover significant sums through the civil court system to help you stay “on your feet” financially. For your injury accident case, rely on the skilled San Mateo accident injury attorneys at the Law Offices of Galine, Frye, Fitting & Frangos. Our attorneys have been helping injured people to navigate the legal system successfully for many decades. To set up a free consultation with one of our skilled attorneys, contact us at 650-345-8484 or through our website.