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Can a Personal Injury Plaintiff Recover Compensation for Weight Gain?

Weight gain is a common side effect of injuries and long-term illnesses. Pain and loss of mobility often limit the injured person’s ability to stay active. Some people, especially those who are normally very active, like runners, find that their ordinary diet gives them more calories than they need. And some medications used to treat pain also can also contribute to weight gain. There are strategies that can help mitigate the problem, but in many cases weight gain is outside the individual’s control.

When an injury leads to a civil lawsuit the object of the plaintiff is to recover compensation from the defendant for the consequences of the injury—what in legal terms are called damages. Among the things that a plaintiff must prove to recover for any form of damages are two important requirements: justiciability and causation.

The justiciability (practicality) of weight gain damages

“Justiciability” simply means that the issue in question is of the sort that a court can solve as a legal and practical matter. There are lots of things that a court can’t do. Some of these things come from the legal rules governing the courts, from constitutional principles to specialized rules of procedure. Other things are simply practical limits. A court can’t order a defendant to take the plaintiff’s excessive weight away.

This is why damages for things like pain, suffering, or weight gain need to be reduced to dollar figures. Ordering someone to pay another person money is a straightforward and concrete solution to many problems. But putting a monetary value on a nonmonetary problem (in legal terms, noneconomic damages) is not always easy. A plaintiff who claims noneconomic damages bears the burden of proving that the damages have been calculated fairly and accurately. For weight gain, this calculation might include factors like long-term health consequences, emotional or psychological challenges related to weight, and so on.

Causation and weight gain

To recover any kind of damages the plaintiff also must show that the damages were caused by the defendant’s wrongful action. After all, if the defendant didn’t cause the harm, it would be unjust for the court to include it in the damages award. It is sometimes relatively straightforward to draw the link between damages and the defendant’s behavior. If the defendant ran a red light and smashed into the plaintiff’s car, there’s a clear connection between that event and the plaintiff’s resulting medical bills.

Causation can be a tricky area for weight gain. Unlike a broken arm, weight gain is a slow process that can have a wide range of causes. To avoid liability for the plaintiff’s weight gain the defendant could raise a number of arguments. A common strategy is to find another, intervening cause of the problem. For example, if the plaintiff began to eat a lot of high-calorie food after the accident, despite a doctor’s recommendation to stay on a restricted diet, perhaps the plaintiff was responsible for the gain.

Plaintiffs who want to claim weight gain among their damages must anticipate arguments like these. Each case requires its own set of solutions. Testimony from the plaintiff’s doctors, scientific evidence of how weight gain is a consequence of the injury, and other forms of evidence can be used to show the causal relationship between the defendant’s actions and the weight gain.

GGRM is a Las Vegas personal injury law firm

For over 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases. We treat each case with the personalized care it deserves, and help clients recover compensation for the full range of damages for their injuries. Call us today for a free, confidential attorney consultation. We can be reached at 702-388-4476 or send us a request through our site.

What to Do if a Defendant Doesn’t Pay

Getting a favorable court judgment in a personal injury lawsuit, whether as a result of a full trial or through a settlement agreement, often is not the last challenge for injured plaintiffs. Collecting on the judgment can, in some circumstances, be a challenge as well. Some defendants aren’t able to pay the amount they owe, while others are willing to risk being held in contempt by withholding payment out of spite. In a negotiated settlement agreement, plaintiffs can require defendants to deposit funds into an escrow account as part of the settlement, but absent such an arrangement plaintiffs sometimes need to take extra steps to recover what they are owed.

If a defendant doesn’t pay within a reasonable time it can put the plaintiff in an increasingly difficult financial position. The reason the plaintiff has brought suit in the first place is to recover compensation for the costs associated with the plaintiff’s injury. Many people who suffer injuries take on debts for their immediate medical needs. They also often have to take time off work, which can force them to miss payments on credit card bills, mortgages or rent, phone bills, and so on. Late fees and the threat of worse—damaged credit ratings, foreclosures—will continue to mount until the defendant makes the plaintiff whole.

Unfortunately, this is a common problem. Personal injury lawyers help their clients pursue a range of avenues for collecting from unwilling defendants. There are a few mechanisms available:

  • Building collections into a settlement. As mentioned above, in some ways plaintiffs can protect themselves by reaching a settlement agreement with a defendant who may not be able or willing to pay on a judgment. Plaintiffs need not accept a settlement that doesn’t make adequate provision for the financial side of the deal. Settlements can provide for structured payment plans that can provide defendants with a practical way to pay down their liability, which can be especially attractive for defendants who must pay out of their personal assets (as opposed to an insurer).
  • Go after the defendant’s property with a writ of execution. The owner of a judgment can ask the court to issue what is called a writ of execution, which authorizes the plaintiff to take possession of certain specified property owned by the defendant, such as cash or investments. To enforce a writ of execution the plaintiff may need to hire a professional collection agent, who specializes in tracking down property that the defendant may not be willing to part with.
  • Garnish the defendant’s wages. If the defendant has a job the plaintiff can ask the court to order the defendant’s employer to withhold a portion of the defendant’s wages, up to a statutory maximum.
  • Place liens on the defendant’s property. Although a plaintiff may not be able to force a defendant to sell a primary residence to pay the value of a judgment, the plaintiff may be able to place a lien on the property so the defendant can’t sell without satisfying the judgment debt. Liens like this are typically junior to liens held by mortgage lenders, which means their primary purpose is to tie down the defendant’s assets while the debt is outstanding.

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases. We work closely with clients to help them recover what they are owed. If you have been injured and you have questions about your case, please reach out to us for a free attorney consultation. We can be reached at 702-388-4476, or ask us to call you through our contact page.

Getting Adequate Compensation for Spinal Injuries

Spinal injuries can be devastating and lead to life-long challenges. Nerve damage is profoundly difficult to treat and typically leads to long-term pain that must be treated with powerful medication. Paralysis can force dramatic lifestyle changes and impose significant costs. When a spinal injury leads to a personal injury lawsuit compiling a complete calculation of damages is one of the important considerations for the injured plaintiff’s attorneys.

Accounting for the full scope of damages

In any personal injury lawsuit the calculation of damages can be a hotly contested topic. Defendants naturally hope to limit their financial obligations. Insurance companies in particular have deep experience in defending themselves from liability. As such, the plaintiff’s damages calculations need to be compiled with care.

Spinal injuries often involve categories of damages that extend well into the future. The scope of damages will depend on the plaintiff’s specific circumstances, but probably will include things like these:

  • Pain and suffering, with consideration for the long-term problems the plaintiff will face.
  • Medical bills, which includes costs of the immediate treatment to stabilize the injury as well as long-term rehabilitation.
  • Lost wages for anyone who will no longer be able to continue working.
  • Costs to modify the plaintiff’s home.
  • Costs related to specialized transportation accommodations, such as modifications to a car or the purchase of a vehicle with hydraulic lifts.
  • Costs of psychological care.
  • Impacts on family members.

Calculating damages is often a more difficult process than one might at first assume. Financial costs that can be readily quantified, like medical bills, may be relatively easy. But many damages are contingent. A person’s lost earnings will depend on the severity of the plaintiff’s disability and other factors. Estimating the plaintiff’s long-term medical challenges may require testimony from medical experts who can attest to the suffering the plaintiff may expect to endure. In some cases the plaintiff may also need the help of forensic accountants, who specialize in calculating damages in complex cases where difficult estimates such as long-term business losses need to stand up to counterarguments from the defense.

Talk to a Las Vegas personal injury firm about your case

The law firm of Greenman Goldberg Raby Martinez has a long history of representing injured clients in the Las Vegas area. If you have suffered a spinal injury and would like to explore your legal options, please contact us today for a free, no-obligation attorney consultation. We can be reached at 702-388-4476 or through our contacts page.

Who Can Collect on Wrongful Death Claims?

When a person dies due to another person’s negligence the legal system offers a number of responses. Any time someone causes another person’s death there will be a criminal investigation, which may result in prosecution by the state. Depending on the facts of the tragedy, the responsible person might be prosecuted for involuntary manslaughter or second-degree murder. The criminal prosecution may result in jail time for the defendant. In some circumstances the criminal court may also order the defendant to pay financial restitution to the deceased person’s estate.

The criminal justice system does not fully compensate victims

The criminal justice system’s ability to compensate victims is limited in a number of important ways. Criminal courts are constrained in the kinds of financial compensation they are allowed to grant to victims of crime. Convicted criminals can be ordered to pay restitution for economic damages, which includes things like medical costs, funeral expenses, and lost earnings. But a criminal court cannot order the defendant to pay compensation for the victim’s pain and suffering, or the emotional and life-altering harms suffered by the victim’s family.

Criminal prosecutions may fail to serve the interests of victims in other ways. Prosecutors may prefer to save resources and reach a plea deal that leaves out restitution altogether. The prosecution may take a long time. And due to the high standards required for conviction, the defendant may be acquitted.

Wrongful death offers family members a path to compensation

A civil claim for wrongful death is often an appropriate remedy for qualified plaintiffs who want financial compensation from the person responsible for causing another person’s death. A claim for wrongful death can seek compensation for a range of harms related to the death. In addition to economic losses associated with the deceased’s injuries, plaintiffs can also pursue compensation for their grief, loss of support, loss of companionship, and the pain and suffering of the deceased. These categories often capture significant losses.

Nevada law provides that only certain people have standing to bring a wrongful death claim. Two categories of people have standing. The first category is the deceased person’s personal representative. This typically means an estate lawyer or executor. The second category covers the deceased person’s legal heirs. These are the people identified in a will or, if there was no will, by applying default rules.

Wrongful death lawsuits can unwittingly give rise to conflicts among heirs and personal representatives, each of whom may have valid claims. This can be especially problematic if the defendant’s resources are limited. Ideally everyone involved in the lawsuit will agree upon the suit’s goals and how any financial awards will be allocated among them. If the plaintiffs have significant disagreements, especially if there is a significant potential recovery available, the parties may need to hire separate attorneys and negotiate a coordinated strategy amongst themselves.

GGRM is a Las Vegas personal injury law firm

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has been committed to giving our clients the personal, caring attention they deserve. We represent clients in cases involving personal injury, including wrongful death. We work closely with clients to relieve them of the burden of protecting their interests and defending the legacy of their loved ones. For a free attorney consultation, reach out to us today at 702-388-4476, or contact us through our website.

Medicare Reimbursements from Lawsuit Settlements

After suffering a serious injury the first priority is always to seek medical care. Ideally the injured person is insured, so that the insurance company picks up most of the initial costs of emergency care and any costs associated with follow-up treatments. If the injury also leads to a personal injury lawsuit, the insurer typically will demand that it be reimbursed from any settlement or final judgment award in a process called insurance subrogation. The same is true of Medicare, which has unique requirements for recipients who receive covered care for expenses that are later made part of a settlement.

Placing Medicare subrogation in context

Putting aside the jargon for a moment, it’s worthwhile thinking about what a personal injury lawsuit is for. The goal of filing a lawsuit is to recover compensation for all of the various costs associated with the injury, by making the person responsible for the injury also responsible for those costs. Although medical bills tend to be a substantial part of the damages a plaintiff seeks to recover, other costs like lost earnings and noneconomic factors like pain and suffering are also a component. The object of filing a lawsuit is not to give the plaintiff a big financial windfall.

In that light, insurance subrogation makes sense. Essentially the insurer that provides coverage for someone who later files a lawsuit can be thought of as having borne costs that were the defendant’s obligation. The insurer therefore naturally should be reimbursed. It would not be fair to the insurer or the defendant if the plaintiff could walk away with the cash value of medical care that the insurer has already paid for. In technical terms, Medicare is a secondary payer, while the defendant is the primary payer.

How Medicare’s right to reimbursement works

Medicare recipients must comply with a range of important requirements, beginning with the accident itself. By law Medicare is entitled to a lien on any settlement or judgment award paid out in connection with injuries that it covers. What this means in practice is that the injured plaintiff cannot receive any financial compensation until Medicare releases the lien, typically after it has determined that it has been sufficiently reimbursed. Here is a summary of the major components of Medicare’s process:

  • Preliminary notice. Notify the Medicare Benefits and Recovery Coordination Contractor (BCRC) of the injury and the facts of the accident that caused it. It’s important to get this notice submitted as soon as possible after the injury, in large part because Medicare can take a long time processing these notices.
  • Monitoring by Medicare, and monitoring Medicare. The preliminary notice sent to Medicare will trigger a review of the plaintiff’s file and ongoing monitoring for new costs. Medicare will eventually send what is called a conditional payment letter setting out in detail the charges that Medicare believes are related to the plaintiff’s legal claim. It is the plaintiff’s responsibility to correct any errors in the conditional payment letter, which can happen if the plaintiff is being treated for conditions other than the injury subject to the lawsuit. For example, if the plaintiff suffered a broken leg in a car crash, but later suffers a burn that requires medical care, Medicare may lump the treatment of the leg together with the burn on the assumption that the two were related. The plaintiff needs to get the burn’s costs taken off the list to prevent Medicare from seeking reimbursement for it from the defendant.
  • Notice of settlement. Personal injury cases typically reach a settlement without going to trial. Once settlement is reached Medicare must be informed as soon as possible. Medicare is told how much the settlement was for, the amount of attorneys’ fees, and other details.
  • Appeals process. Medicare uses the settlement information to compile a final demand letter setting out the amount it believes it is owed. This amount must be paid or appealed within 60 days. In rare cases Medicare will adjust their final demand amount, but by this point it is often difficult to get adjustments made.

This is only an overview of some of the issues that arise for a Medicare recipient who is seeking compensation for an injury. Given the stakes involved, the correct approach is always for the attorneys handling the personal injury case to also assist with the Medicare compliance process. Making mistakes with the Medicare process can lead to long, frustrating delays that are best avoided.

For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area recover compensation in personal injury cases. We help clients navigate the Medicare process and get the compensation they deserve. Call us today for a free attorney consultation at 702-388-4476 or send us a request on our contact page.

The Role of Medicare In Personal Injury Cases

It should come as no surprise that lawsuits for personal injury rarely result in financial compensation for the injured plaintiff before injury-related costs have started piling up. After all, seeking medical attention is the first priority. Even in the common circumstance where settlement negotiations avoid drawn-out litigation, medical bills can begin piling up. For injured plaintiffs who are insured through Medicare, the government program may cover some or all of the treatment for an injury. In turn, Medicare becomes financially involved in the personal injury case.

Medicare is a federal health insurance program for individuals who are 65 years of age or older, or who have qualifying disabilities. Like any insurer, Medicare has rules in place to prevent fraud and other forms of insurance abuse. Many of these rules focus on health care providers who get paid by Medicare, but patients also have important obligations.

  • Medicare is entitled to reimbursement out of personal injury awards.

The chief goal of personal injury lawsuits is to ensure that a victim of another person’s wrongful actions (negligence, deliberate malicious acts, illegal behavior, and so on) does not bear the financial cost of his or her injuries. The true cost of an injury can include lost wages and other important components, but quite often medical costs form the single largest piece of the financial puzzle.

Insurers, including Medicare, will cover personal injuries that are the subject of lawsuits. But because the insurer, rather than the injured plaintiff, bears the costs of the injury, the insurer is entitled to seek reimbursement for its expenses. Federal law provides that Medicare must receive reimbursement before the plaintiff or other claimants can take any compensation from a settlement or judgment award.

  • Medicare receives an automatic lien on awards.

The legal mechanism that ensures Medicare is reimbursed is called a judgment lien. By law Medicare automatically receives a first lien on any award granted to the insured plaintiff. These liens have a couple important features. First, a Medicare lien takes seniority over all other liens, meaning that until the lien is removed (following full reimbursement) no one else, including the plaintiff, can be paid from the compensation award. Second, there isn’t much room for negotiation when it comes to Medicare liens: what the program is owed is usually what it must be paid. There is an exception for plaintiffs who are represented by an attorney. In those cases liens can be reduced by one-third, to ensure that the plaintiff’s final compensation will cover the plaintiff’s legal fees.

  • Medicare must be notified of a case’s resolution.

Any time Medicare has covered expenses related to a personal injury lawsuit the insured plaintiff must notify it when a settlement or judgment is obtained. The notice is due within 60 days and can be submitted electronically. Failing to provide notice on time results in significant fines. After receiving notice Medicare prepares a report detailing the charges that are subject to its lien. It’s common for plaintiffs to go through a process to ensure that the lien accurately reflects only costs that were related to the injury. Once a final accounting is completed, Medicare should be paid promptly.

GGRM is a Las Vegas personal injury law firm

For over 45 years the attorneys at Greenman Goldberg Raby Martinez have represented clients in the Las Vegas area in personal injury cases. We can help you navigate all aspects of your personal injury case, including dealing with Medicare liens. For a free attorney consultation at 702-388-4476 or request a call through our website.

Suing to Recover the Value of Lost Business

Owners of businesses, especially when the business is dependent upon the owner’s involvement, often stand to lose a lot when an injury forces them to stop working. A sole proprietor may lose more than just a salary; the business may lose clients or may be forced to close, depriving the entrepreneur of potential long-term growth. In a personal injury lawsuit the value of lost business can become an important component of the plaintiff’s damages claim.

The value of lost business is a category of economic damages. Economic damages are available to plaintiffs in every type of personal injury lawsuit. One reason this is true is that economic damages can be calculated with a certain degree of accuracy, ensuring that the defendant is not unfairly made responsible for financial consequences that are beyond the scope of the injury he or she caused.

A key problem for plaintiffs who wish to recover compensation for lost business is that the damages must be proven with sufficient reliability to be used by the court in assessing the plaintiff’s final damages award. Estimating lost future earnings can be especially tricky. There are a number of considerations that might go into this analysis, including:

  • The business’s history. The business’s earnings history is of central importance in determining how much revenue was potentially lost as a consequence of the plaintiff’s injury. A longer track record makes historical data more useful. Newer businesses may need to rely on third-party projections to calculate lost earnings.
  • Contingent profits. Although the plaintiff would like to argue that the business was going to grow exponentially and be wildly successful, fairness dictates that the damages award factor in a reasonable probability that the business would not always maximize its profits. This can be especially important for cases where the plaintiff seeks compensation for long-term lost profits.
  • Other sources of recovery. If the business also carried insurance against the possibility of the plaintiff’s injury the amount the insurance paid will probably reduce the amount the defendant is liable for.

In some cases establishing a firm measure of a business’s lost profits can require the assistance of an expert witness. Forensic accountants assist litigators with matters such as these, using well-established standards to develop theories of lost earnings that will stand up in court. Whether a given plaintiff needs the help of an expert witness will depend on the specific facts in the case.

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has helped injured clients recover compensation. If you have suffered a personal injury that has involved business losses and would like to explore your legal options, call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.

Proving Lost Earnings in a Personal Injury Case

Serious injuries often force people to take time off work to recover. As a consequence, seeking compensation for lost income can be an important part of a personal injury lawsuit. Lost earnings come up in the damages phase of litigation, after the defendant’s liability for the injury is already established. Like other forms of damages, proving lost earnings can be harder than one might first assume.

The simplest lost earnings scenario involves the individual who needs to take a certain, clearly defined amount of time off work and wants to be compensated for the wages that he or she didn’t earn during that time. This situation applies most clearly where the personal injury lawsuit is ongoing after the injured person has returned to work. Pay stubs from periods before and after the accident, tax forms from prior years (such as an IRS Form W-2 for people who work for an employer), or other forms of wage verification from an employer can be sufficient evidence to establish the amount of the lost wages. Someone who is self-employed can use tax records, checks from clients, or bank statements to establish the income that has been lost.

Proving lost earnings gets more complicated if the person who was injured is no longer able to earn as much as before the injury, or has lost the ability to work altogether. In these cases the question is not just how much the injured person lost in the past, but also how large the person’s potential earnings were at the time of the injury. There are numerous ways to calculate future lost earnings, and some cases (like workers’ compensation) have predetermined methods. The analysis might consider one or more of the following:

  • The individual’s earnings history.
  • The medical prognosis of the injury, including how much recovery is possible (reduced to a percentage which gets applied to the wage figures).
  • The scope of employment options available to the individual in light of the injury and the individual’s skills.
  • Estimates of earnings growth, including the potential for reasonably foreseeable promotions, cost-of-living adjustments, and other factors.
  • Lost benefits, like employer 401(k) contributions, lost pensions, and insurance coverage, including estimates of how the value of those benefits may have increased over time.

Some plaintiffs will have an especially complicated questions of proof to overcome. Self-employed individuals who are early in their careers, people who have wildly fluctuating earning histories, and individuals for whom future earnings are highly contingent (such as artists and entrepreneurs) will need tailored strategies to ensure that they receive their just compensation.

An experienced personal injury law firm knows how to get the most for its clients. For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped personal injury clients recover compensation for lost earnings and other damages related to injuries. If you would like to speak to an attorney about your case, please call us today for a free, confidential consultation at 702-388-4476 or ask us to reach out to you through our contact page.

Suing to Recover the Value of Lost Business

Owners of businesses, especially when the business is dependent upon the owner’s involvement, often stand to lose a lot when an injury forces them to stop working. A sole proprietor may lose more than just a salary; the business may lose clients or may be forced to close, depriving the entrepreneur of potential long-term growth. In a personal injury lawsuit the value of lost business can become an important component of the plaintiff’s damages claim.

The value of lost business is a category of economic damages. Economic damages are available to plaintiffs in every type of personal injury lawsuit. One reason this is true is that economic damages can be calculated with a certain degree of accuracy, ensuring that the defendant is not unfairly made responsible for financial consequences that are beyond the scope of the injury he or she caused.

A key problem for plaintiffs who wish to recover compensation for lost business is that the damages must be proven with sufficient reliability to be used by the court in assessing the plaintiff’s final damages award. Estimating lost future earnings can be especially tricky. There are a number of considerations that might go into this analysis, including:

  • The business’s history. The business’s earnings history is of central importance in determining how much revenue was potentially lost as a consequence of the plaintiff’s injury. A longer track record makes historical data more useful. Newer businesses may need to rely on third-party projections to calculate lost earnings.
  • Contingent profits. Although the plaintiff would like to argue that the business was going to grow exponentially and be wildly successful, fairness dictates that the damages award factor in a reasonable probability that the business would not always maximize its profits. This can be especially important for cases where the plaintiff seeks compensation for long-term lost profits.
  • Other sources of recovery. If the business also carried insurance against the possibility of the plaintiff’s injury the amount the insurance paid will probably reduce the amount the defendant is liable for.

In some cases establishing a firm measure of a business’s lost profits can require the assistance of an expert witness. Forensic accountants assist litigators with matters such as these, using well-established standards to develop theories of lost earnings that will stand up in court. Whether a given plaintiff needs the help of an expert witness will depend on the specific facts in the case.

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has helped injured clients recover compensation. If you have suffered a personal injury that has involved business losses and would like to explore your legal options, call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.

Proving Lost Earnings in a Personal Injury Case

Serious injuries often force people to take time off work to recover. As a consequence, seeking compensation for lost income can be an important part of a personal injury lawsuit. Lost earnings come up in the damages phase of litigation, after the defendant’s liability for the injury is already established. Like other forms of damages, proving lost earnings can be harder than one might first assume.

The simplest lost earnings scenario involves the individual who needs to take a certain, clearly defined amount of time off work and wants to be compensated for the wages that he or she didn’t earn during that time. This situation applies most clearly where the personal injury lawsuit is ongoing after the injured person has returned to work. Pay stubs from periods before and after the accident, tax forms from prior years (such as an IRS Form W-2 for people who work for an employer), or other forms of wage verification from an employer can be sufficient evidence to establish the amount of the lost wages. Someone who is self-employed can use tax records, checks from clients, or bank statements to establish the income that has been lost.

Proving lost earnings gets more complicated if the person who was injured is no longer able to earn as much as before the injury, or has lost the ability to work altogether. In these cases the question is not just how much the injured person lost in the past, but also how large the person’s potential earnings were at the time of the injury. There are numerous ways to calculate future lost earnings, and some cases (like workers’ compensation) have predetermined methods. The analysis might consider one or more of the following:

  • The individual’s earnings history.
  • The medical prognosis of the injury, including how much recovery is possible (reduced to a percentage which gets applied to the wage figures).
  • The scope of employment options available to the individual in light of the injury and the individual’s skills.
  • Estimates of earnings growth, including the potential for reasonably foreseeable promotions, cost-of-living adjustments, and other factors.
  • Lost benefits, like employer 401(k) contributions, lost pensions, and insurance coverage, including estimates of how the value of those benefits may have increased over time.

Some plaintiffs will have an especially complicated questions of proof to overcome. Self-employed individuals who are early in their careers, people who have wildly fluctuating earning histories, and individuals for whom future earnings are highly contingent (such as artists and entrepreneurs) will need tailored strategies to ensure that they receive their just compensation.

An experienced personal injury law firm knows how to get the most for its clients. For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped personal injury clients recover compensation for lost earnings and other damages related to injuries. If you would like to speak to an attorney about your case, please call us today for a free, confidential consultation at 702-388-4476 or ask us to reach out to you through our contact page.