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Is it true that for a car accident depending on your injuries you may not be able to get all of your loss wages?

Houston, TX |

I was in a car accident seven months ago, my lawyer is barely starting to work on the case now he asked me to send him a wage loss for my husband and I for the time we where out of work from the accident. When I sent him the wage loss he told me that we will not be able to get all of our loss wages because our injuries due to the accident did not require so much time off from work. Our company where my husband and I work, does not let their employees come to work until they are feeling well. The company does not have light duty or anything like that. Even our chiropractor told us we could not go back to work because of our injuries. Our total expenses which are hospital bills, wages, etc. do not come even close to 30,000.

Attorney Answers 5


  1. If your case cannot be settled, that would be a question for the jury to decide.

    John Zgourides
    Board Certified - Personal Injury Trial Law, Texas Board of Legal Specialization
    www.zgourides.com

    Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services. See http://zgourides.com for more information.


  2. It all depends on whether you settle or take it to a jury. If you settle, you should only expect to recover a portion of your damages. If you take it to a jury you can get the full amount, but you could also get nothing. It just depends on a case-by-case basis. You should talk through your concerns with your lawyer and listen to his advice.

    LEGAL DISCLAIMER: Nothing in this post, or any responses or comments thereto, should be construed as legal advice and no attorney-client relationship has been created by and between the person asking the question and The Dinneen Law Firm, PLLC, or Daniel K. Dinneen, Esq. If you believe you need an attorney, you should take steps to contact one in person; ideally, one who resides in your state.


  3. If you are not happy with your lawyer, you can get a new one.


  4. Why do you mention the $30K figure? Is that the policy limits? Are your pecuniary damages more that that, less than that?


  5. This is something you should discuss with your attorney. Obviously you have more questions and concerns and it is a good idea to sit down with your attorney to cover it.
    Each care is unique but experienced attorneys should have a good handle on a case range of value after you are done with medical treatment.

    Do not forget the costs and expenses of litigation should the case not be settled when making your decision.

    Many factors come into play in cases such as the force of the impact, the plaintiff, the defendant, medical treatment and who provided the treatment- a medical dr or a chiropractor ?

    Sit down with your attorney and have a heart to heart discussion with him or her.

    This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.

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