I Lost My Job Because Of This Accident. Can I Recover My Lost Wages?
You bet. If you are hurt in a Baltimore automobile accident by the negligence of another, and are kept out of work by a doctor, the wages you’ve lost are recoverable. If you are given a light duty or part time duty restriction by your doctor, you’re entitled to recover the difference between what you make, and what you would have made working full duty. Luckily for the participants, most accident cases fall into one of these two categories. The effects of some accidents, however, are more profound.
Each injury is unique, as is each injured Plaintiff. In the context of Baltimore personal injury law, not all injuries are treated equally. While some injuries result in temporary discomfort or minor disruptions, others, regrettably, have long-term or permanent consequences that prevent the injured person from returning to work or engaging in any gainful employment. In Baltimore courts, several categories of injury are commonly referenced or recognized as potentially being severe enough to permanently disable an individual from earning a living
Traumatic brain injuries are among the most devastating injuries from car accidents, assaults, or falls. Even moderate TBIs can result in lasting cognitive impairment, personality changes, memory loss, and loss of executive functioning. As with many of the more serious events in life, the key is in the details. Some TBIs leave the victim with a headache for a few hours. Severe TBIs can render individuals incapable of performing basic work-related tasks, let alone returning to their previous occupation. In Baltimore courts, medical documentation, neurological evaluations, and functional capacity assessments must used to establish total disability due to brain trauma.
Catastrophic orthopedic injuries include multiple fractures, shattered pelvises, ankles, or injuries requiring joint replacement that fail to heal properly. These injuries can cause chronic pain, limited range of motion, or permanent loss of use of a limb. In the context of jobs in the construction, manual labor, warehouse fields, while common in Baltimore, these are fields where injuries can instantly end a career.
Injuries to the spinal cord frequently result in partial or complete paralysis, such as paraplegia or quadriplegia. These conditions are irreversible and can commonly prevent the injured person from working, particularly if the person held a physically demanding job. Even sedentary jobs may become impossible if the injured party lacks the upper body mobility required to operate a computer or attend in-person meetings. Baltimore disability determinations often rely on evidence from orthopedic surgeons and rehabilitation specialists.
Limb loss, whether through traumatic amputation or surgical removal, often results in permanent vocational impairment. A laborer who loses a hand may be unable to return to a job requiring manual dexterity. Even with prosthetics, the functional limitations and chronic pain from amputation may prevent meaningful employment. The question in these cases often is old job v. any job? In other words, is the person kept from doing all jobs, anywhere, for life, or just the job the were doing while hurt.
“What about a situation where someone is seriously injured, and can work, but can no longer return to their former employment for medical reasons, or were terminated from their job because they could not return to work?”
The burden of proof is higher, and the evidentiary requirements are more stringent, but, in appropriate circumstances, the economic losses here are recoverable. In this situation, an experienced car accident lawyer Attorney Eric T. Kirk will always have a discussion with his or her client about the obligation to diligently look for work and keep records. “The duty to mitigate damages serves to reduce the amount of damages to which a plaintiff might otherwise have been entitled had he or she used all reasonable efforts to minimize the loss he or she sustained as a result of a breach of duty by the defendant.” Hopkins v Silber [Md. App., 2001] [citations and internal quotations omitted]. In the context of last wages, this concept means that an injured person, if and when healed, must look for work. If they cannot find work, despite their best efforts, they may recover their lost wages until the time they return to suitable, gainful employment. If they return to work, but at a temporarily lower rate, the difference is recoverable. This type of claim has a built-in assumption that the injured person has lost wages on a temporary basis, but will, ultimately, return to work in an equivalent capacity. The law also recognizes a related claim, that of lost earning capacity. In this circumstance, the injured person may return to work, but there is medical, vocational, and economic evidence that the person will never be able to return to, or exceed, their income level prior to the accident. This is called a loss of earning capacity claim, and it is a complex claim that must be supported thoroughly by expert testimony.
I’ve handled hundreds of cases where the income lost by the injury victim has been at issue and disputed. These cases can be complex. If you have lost time at work, or your job, due to the negligence of another, I can help you recoup these amounts, and recover, financially, to the extent allowed by law. I’d be honored to discuss the specifics of these claims with you today.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
