Legal Question in Personal Injury in California

I was in a car accident and was terminated 2days later after the accedent. my doctor took me off of work for a week and i feel like the insurrance co should cover that week as lost wages reguradless if i was working or not i was unable to work any where in that week. am i wrong in thinking this

Asked on 4/12/12, 11:35 am

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1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman
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I'm afraid so. Lost wages are wages you would have received otherwise. Since you didn't have a job, you didn't lose any wages. That you hypothetically could have had a job does not entitle you to recover for the wages you only hypothetically could have earned.

The only way you might be able to overcome this problem is by proving that you actually *would* have had a new job right away and by demonstrating both that you would have worked during that particular week and how much you would have been paid for that work. Very few people could make such a showing, and even then it wouldn't necessarily succeed.

I'm sorry I can't be more encouraging.

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Answered on 4/12/12, 12:00 pm

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