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If you can’t work after a Maryland truck accident, you likely are going through an incredibly difficult and stressful time. Understanding your rights and path to compensation is critical to getting your life back on track. Moreover, recovering lost wages and considering any loss of future ability to earn should all be accounted for when evaluating the value of your case. Truck accidents lead to some of the most significant injuries we handle as Maryland truck accident attorneys.
This is generally due to the sheer weight and size difference between an 18-wheeler and any other vehicle on the road. These accidents often lead to mounting medical expenses and permanent disabilities. If you are permanently or evenly temporarily disabled, getting compensation can be difficult. As we will discuss, there are steps you can take to protect your ability to earn and provide for your family despite being unable to work your current job.
Understanding the legal basis for seeking compensation due to work incapacity following a truck accident is critical. This means we must be able to establish liability against the truck driver or owner. The class truck accident case is a blind spot accident. This occurs because a trucker cannot see you in their blind spot, which is far larger for a truck than for a car. We can argue damages if we prove that the truck driver breached their duty and was legally negligent. Lost wages are an aspect of special damages or economic damages. Besides earnings, medical expenses are the other primary category of special damages.
Proving any financial injury, particularly when you miss time from work, requires documentation. Track what days you miss, inform your manager or employer, and do at least one of two things. First, ensure your time missed from work correlates with a doctor’s appointment. Doing this allows you two to three hours of compensation for time missed from work. Second, if a doctor excuses you from work, you can recover compensation for that time at your hourly rate.
Any injury that leads to an inability to perform at work can lead to a work interruption. Or, you can’t work after a Maryland truck accident if you run a high risk of aggravation, according to your physician. The third option that leads to a work interruption would be any injury that requires follow-up care. Many doctor’s offices’ hours conflict with your work schedule. Thus, you may need to take off from work to see your doctor. Naturally, this leads to interruptions at work, though these are shorter interruptions than being temporarily and totally disabled.
A brain injury can be a serious issue at work. A traumatic brain injury, or TBI, leads to confusion and ineffectiveness while on the job. If your employer notices this, they may release you from employment. If your employer tells you that your reason is your lack of performance following your brain injury, that is a causal link to your Maryland truck accident. When this does happen, remember you must mitigate your financial damages. This means you should try to seek alternative work. While it does not necessarily have to be in the same field, if you no longer have quality, you should try to find a reasonable alternative. If you follow these steps, you may be entitled to the difference between the two salaries multiplied by the difference between your current age and 65, the standard retirement age.
For such a complex injury, seeking legal counsel is critical when you can’t work after a Maryland truck accident.
A spinal cord injury can have a similar effect on your ability to work. This is especially true if you work a physical job that requires manual labor. A spinal cord injury can restrict your ability to work if you are in cleaning services, construction, or any job that requires you to be on your feet all day. Of course, your doctor must write into your medical chart that you cannot work in this type of job. Then, you should still anticipate some pushback from defense counsel if we go to trial. This may be countered by an expert witness hired by the defense. Whether that expert witness is convincing will depend on the facts of your case and your credibility as a witness and plaintiff.
If you can’t work after a Maryland truck accident, properly navigating your insurance claim is critical to recovering lost wages. Dealing with insurance adjusters can be challenging, as they may seek to minimize the payout. We recommend having your attorney communicate with the insurance company in almost all instances. When a personal injury lawyer is involved in your case, there are two claims to consider. The first is your property damage claim. This is so you are not responsible for the repair cost of your vehicle. Or, if your vehicle is deemed a total loss, you are entitled to the market value of your vehicle at the time of the loss.
The second part of your insurance claim is your bodily injury claim. We discuss that below.
The legal process for claiming lost wages is part of your bodily injury claim. Once you complete your medical treatment, we will understand the value of your case. Only then do we start the negotiation process for your lost wages as part of your larger bodily injury claim. Focusing here on your wage claim, we consider two aspects. First, we consider any previously lost wages. If you had to go to the doctor or physical therapy during the work day, you are generally entitled to two to three hours off. Thus, for each day that happens, we can multiply your hourly wage by the number of hours missed, not to exceed three hours.
The other side of the legal process for claiming lost wages is when a doctor excuses you from work. In most cases, this is for a few weeks. However, if you have a high income, this leads to a substantial lost wage claim. This is when you need a skilled Maryland truck accident attorney advocating on your behalf.
Once we evaluate the value of your case, we attempt to settle with the adverse insurer. In about 95% of cases, we can negotiate a fair settlement. However, we will file suit and take your case to trial even if we cannot reach an amicable resolution. But note that just because we file suit does not mean we will end up in court.
If you can’t work after a Maryland truck accident, there are several steps to take. While this list covers the essentials, there may be additional steps to take if you are in a truck accident in Maryland.
Speaking to an attorney is vital to preserving your legal rights when you can’t work after a Maryland truck accident.
Call our office today for a free consultation and case evaluation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.