Celebrating 10 years! 2007-2017

Lost wages in personal injury

I have a PI case where the only remaining issue is lost wage joe1234505/31/17
What does your client do for a living and what was the natur isthisit05/31/17
3 year avg salary divided by 50, then by 5? triplesix05/31/17
Can you take the income he reported on his tax returns (last flharfh05/31/17
It is a car wreck case. Fault is not an issue and medical b joe1234506/01/17
Any of the above relative to averaging out. I would work ou jd4hire06/01/17
joe12345 (May 31, 2017 - 6:55 pm)

I have a PI case where the only remaining issue is lost wages. Client is self employed, laborer/contractor so very difficult to say what lost wages were. I can point to days client visited doctor but still hard to put a # on $ that day. Any tips/advice?

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isthisit (May 31, 2017 - 7:09 pm)

What does your client do for a living and what was the nature of the injury?

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triplesix (May 31, 2017 - 7:12 pm)

3 year avg salary divided by 50, then by 5?

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flharfh (May 31, 2017 - 7:12 pm)

Can you take the income he reported on his tax returns (last year, average last five years, whatever) and prorate out to the number of days you claim he missed?

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joe12345 (Jun 1, 2017 - 3:24 pm)

It is a car wreck case. Fault is not an issue and medical bills are agreed upon. The last issue is how many days he missed for doctor and chiro visits. I can show the missed days but the adjuster wants some evidence as to the $$ per day he should get credit for - which I completely understand but I can't just hand him a pay stub....

He is a manual laborer (landscaping, etc) - and gets a lot of cash jobs.... but using tax returns and averaging is about all I know to do.

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jd4hire (Jun 1, 2017 - 3:37 pm)

Any of the above relative to averaging out. I would work out the best scenario - tax returns from the past year, two years, etc.

If he works with an accountant, that can help to show net income for a week, month, etc. Also, I defended a case against a contractor who had this issue and I fought it tooth and nail, but plaintiff's attorney went well above just missed days for doctor's appointments, he alleged that there was a slow down in work, that he had to hire subs to perform jobs (thereby realizing less income) and that he turned away his job. It went to arbitration and he got more traction than I had hoped.

Also, I'm sure you can find some quick case law from your jurisdiction discussing the fact that damages cannot be speculative and must be proven with "reasonable certainty." Then I'd conclude with the dicta that state things along the lines of "while reasonable certainty is required, absolute certainty is not. All that need be provided is enough information to the jury so that they may make a determination. Give my guy loads of money."

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