How are settlements based regarding lost wages/pain and suffering, etc. if unemployed?

Asked over 1 year ago - Schaumburg, IL

Going through treatments, etc. Neck and back injury. My last job was through a temporary agency. I was also employed full time prior, but laid off. Accident has caused missed interviews.
-How will lost wages be determined?
-Will it be from my previous permanent job?
-Does my education play a factor as well?
-I am still looking for work and still treating.Will this hurt my case

Attorney answers (8)

  1. Brian J. Conneran-Weig

    Contributor Level 9

    8

    Lawyers agree

    Answered . How long prior to your injury did you last work? Did you lose your last position because of the injury?It should not hurt your case, if you can show consistent earnings prior to the injury and your medical records document that you are unable to return to prior work because of your injury. You can use prior years tax returns and W-2's to document your earnings and make a case as to what your lost income is due to your injury. The other elements of your injury claim, such as pain and suffering, loss of a normal life and any permanency of your injury should not be affected. If you don't have an attorney representing you, I would urge you to consult with one to help you maximize your recovery. Insurance companies are not your friend in these cases and will pay the least amount they can to resolve your claim. I offer free consultations in such cases. Good Luck.

  2. Joseph Andrew Brabender IV

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . It would certainly be better if you were employed. Your attorney will do his/her best to argue that you would be working absent the injury - the chance of success will depend on the facts specific to your case. The defendant will likely argue that you wouldn't be working even if not injured, at least in the short term.

    If you don't have an injury lawyer, you should get one.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed... more
  3. Jordan Lee Margolis

    Contributor Level 11

    5

    Lawyers agree

    Answered . You need a lawyer to discuss your questions and who will explain how to proceed, along with damages in general. Look among the qualified attorneys here at AVVO, all of whom handle personal injury cases.

    Jordan Margolis, President
    The Margolis Firm PC
    55 W. Monroe, Suite 3555
    Chicago, Illinois 60603
    312-236-2201
    jmargolis@themargolisfirm.com

    When An Accident Changes Your Life, We Pursue Justice For You

    Legal Disclaimer: If this information has been helpful, please indicate by clicking the thumbs-up icon below.... more
  4. Steven Adam Sigmond

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Nobody is required to offer you a settlement. A practical answer to your question would be this: settlements are bases upon what you are able to prove in court. If the insurance carrier does not believe that your lost wages are provable, you will get little or no offer. Pain & suffering is unrelated to your employments status other than the factor that your need for the money sooner rather than later may play in negotiation. Nobody is required to be nice when they negotiate either.

    What will hurt your case the most is if you try to handle it yourself. Get yourself an experienced injury attorney as soon as you can.

    Steven A. Sigmond
    Law Office of Steven A. Sigmond
    345 N. Canal #1208
    Chicago, IL 60606
    (312) 756-1186
    Steve@Siglaw.com

    Call (312) 756-1186 for a FREE CONSULTATION with Steven A. Sigmond, confidential and available to anyone who has... more
  5. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your questions are complex. Trust me, you'd be much better off letting a lawyer handle this for you.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  6. Burton A. Padove

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Lost wages will be based on the concept of employability. Quite speculative, but ... Looking for work is usually appreciated by a jury.

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836... more
  7. David Ian Schoen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . These things are very nuanced and require the help of an experienced personal injury attorney.

  8. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . We use an economist to determine future lost earnings and/or the subtly different future loss of earning capacity. There are other economic considerations, too, such as what you can no longer do around the house. Most of the calculations begin with an analysis of earnings history. Looking for work and still treating is very good for your case. There are many good lawyers from Chicago and the surrounding area here on Avvo. Take advantage of a free consultation or two and then retain the lawyer you feel most comfortable with.

    I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer... more
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Related Topics

Pain and suffering for personal injury

Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

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