What is the Tort Law or Civil Code that applies to lost wages via auto accident 'negligence of a tortfeasor'

Asked over 1 year ago - Los Angeles, CA

Question 1) Economic Damages and Compensatory Damages define the expectation of reimbursements for lost wages. I would like to know the exact code, whether it is the code of a Tort Law or Civil Code; the one that applies addressing the legal referencing ' wages and earnings which would have been earned by the injured party but for the negligence of the tortfeasor'

Question 2) Since the insurance company is presenting "As your time off of work was not as a result of you being physically unable to fulfill your job duties, we are not in a position to consider your loss of earnings claim". This seems to apply to work place accident; true of false? If this fits some form of legal statement, what code (tort or civil) would have this statement in it?

Attorney answers (5)

  1. Robert Bruce Kopelson

    Contributor Level 20

    7

    Lawyers agree

    Answered . You already asked a similar question and got good answers. You are wasting your time by looking for the detail of what you are asking. You are not going to change the ins cos mind by citing them the law. You should hire an atty who can battle this out. You can negotiate for a total number, made up of all the elements of damage, and try to settle the case that way. If the total settlement is acceptable, it doesn't matter what amount is put into what category or label.
    If the claim cant be settled, and you don't want to hire an atty, go to small claims court. The max you can get there for injury is 7500.00 if it is an auto accident and youre fighting with the defts ins co. In court you should have the evidence to show the dates and hours and rate of pay for time n=missed to go to treatment, medical bills, documentation of time missed due to the injuries themselves, medical records and or report from doctor showing the injuries you suffered as a result of the accident, that the treatment given was reasonable and necessary, the diagnosis and prognosis. Be prepared to explain the way the accident and injuries interfered with your life at work, home, and socially. Be able to explain and document the pain you had, how long, and the intensity.
    Good luck.

  2. David Laurence Altman

    Pro

    Contributor Level 11

    7

    Lawyers agree

    Answered . The right to recover lost wages is well settled in California case law. Citing a specific code section accomplishes nothing. If you believe that the insurance carrier is wrongly denying your loss of income or loss of expected income you have the following choices; (1) research case law on loss of income to find cases with factual circumstances similar to yours and present your case citations to the insurance carrier (a time consuming proposition) (2) right a clear and concise explanation of why your loss of income and or expected income was direct and proximate result of injuries sustained in the accident or (3) provide verifiable documentation evidencing your loss of earnings and proving that you would have earned the future expected income but for your inability to perform the acts necessary to earn that income, or (4) hire someone that knows what to do, an attorney, and stop spinning your wheels.
    Speculative future income that you might have, but not necessary would have earned, is not recoverable.

    LICENSED AND ACCEPTING CASES IN CALIFORNIA & UTAH - 911LAW.ORG - Former Judge Pro Tem in California Superior Court.... more
  3. Manuel Alzamora Juarez

    Contributor Level 20

    4

    Lawyers agree

    Answered . You need to hire an attorney that knows how to deal with adjusters. Your efforts of quoting the law to them will fall in deaf ears. They have consulted with their software program and have come up with an estimate for your case. The only way you will get a higher settlement is by letting your lawyer handle this case. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Retain one of the above lawyers in your state to resolve or small claims ct.

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is no tort "code".You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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