Legal Question in Personal Injury in California
lost wages
My husband was hit by a woman who has been determined to be 100% liable. The insurance company has set up a mediation for us. My question is, my husband is owed $7000+ in lost wages, will he recieve that dollar amount as a separate loss, or does the total figure that his case settles for, including the lost wages and medical bills, include the lost wages in it, and he will get what is left over after everyone/thing else is paid out? For example, his lawyer said his case is a low end case ($5-15000). So if they decide he will settle for $8500, does that amount include the lost wages, etc? So will he get $8500 for his personal injury claim, ++ $7000 in lost wages, ++ the amount of the medical bills.
4 Answers from Attorneys
Re: lost wages
The amount of the settlement will address all of his injuries, including lost wages, medical expenses, property damage, pain and suffering, etc..
Re: lost wages
If he settles for $8500, you would reduce that figure by the attorneys fees, then his costs, then your medical bills, and the remaineder would be your husband's share for his pain and suffering and wage loss all lumped together. If he had $7K in lost work, I don't see how settling for $8500 is a good choice. I would consult with an experienced aggressive injury attorney to review the facts and medical injuries before moving into a mediation to fully protect your husband's rights. Feel free to contact me to discuss this matter at no cost. Thanks and best wishes to your husband.
Re: lost wages
You should talk to an accountant about how lost wages are categorized for tax purposes. An award for personal injuries is not taxable.
Re: lost wages
A insurance adjuster or defense attorney looks to see from the medical bills and injuries whether the amount of lost wages is jsutifiable.
The settlement would include recovery for all types of damages (medical, property, wages and pain and suffering).
The attorney fee agreement you signed will then govern how much you will get and how it will be distributed to you.
Commonly, the total recovery is divided by 1/3 plus attorney costs.
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