I wouldn't cause your employment issue Pain and Suffering. Rather it falls in the category of Lost of Earnings and Future Earnings. You need to be diagnosed by a psychologist of your fear and stress or undertake medical attention to rid you of any musculoskeletal problems.
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I agree that the work situation you describe is more appropriately described as loss of earnings or earning capacity. Fear of driving I think does fall into the category of pain and suffering. Items such as medical expenses and loss of earnings constitute economic damages or special damages. Itemd such as pain and suffering and diminished quality of life constitute general damages. You are entitled to a compensation for both types of damages.
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Both of these unfortunate things can be used when negotiating your settlement. One for loss of earning and the other for psychological distress.
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You can argue anything, but with insurance companies it will likely fall on deaf ears. Loss of a hope for a future promotion sounds like a speculative loss that would be hard to prove or put a value on. But,it never hurts to mention these things to your attorney and see if he can use them.
I agree with the prior posts that you should seek medical attention for your fear of driving as well as your physical injuries.
If you can prove past or future lost income due to your injuries, then that is an economic damage that should be recoverable.
You should consult a personal injury attorney for further assistance. Most of the personal injury attorneys on AVVO like myself provide free consultations.
That not the strongest case for pain and suffering, but you need to do other things to "build" your case and prove pain and suffering. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body and your property; and of course how high is the at fault person's policy. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case!
I've handled many of these cases and wouldn't mind speaking to you.
View my website & call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
One of the things meant by "think like a lawyer" is how lawyers are able to categorize damages into certain headings and subheadings... by properly placing types of damages in their proper place on the "chart" (in our minds for some, I'm sure, but others like me actually use written charts) is one way we avoid missing something. Employment losses can be past earnings or future earnings as well as potential future earnings... thus los of a chance to make more money would fall under loss of potential future earnings.
If a person suffers harm because of the negligence of another, said victim needs to do the following: First - immediately get medical attention. Second - hire a personal injury attorney. We personal injury type lawyers offer free consultations and take cases on a contingent (meaning our client does not pay unless he or she "wins" money).
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
You need to consult an attorney in the Sacramento area. Your attorney will evaluate your case and then decide what a good amount of pain and suffering would be and whether the accident caused you a loss of income or earning capacity.
Best of luck to you in this matter.
Ian A. Scharg, Esq.
555 Capitol Mall, Ste 770
Sacramento, CA 95814
(916) 444 8240
This is not legal advice and does not create an attorney-client relationship. This is not legal advice, it is only legal information. You should consult an attorney if you have any questions regarding this matter.
Yes , you can use those two items when negotiating for pain and suffering. However, you must get medical and psychological treatment in order to help prove your mental distress. Also, you should get a letter or get a letter from your supervisor offering you the new job. Best of luck in your recovery.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
Get an attorney to handle the matter. Your issue is not likely one that the insurance company will understand absent proper advocation on your behalf.
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Yes, in my opinion. You describe driving anxiety, maybe PTSD. You also describe a loss of potential earning capacity. The loss of earning capacity is an economic loss because you can put a dollar amount on it and calculate it with some precision (the difference between what you would have earned and what you will earn now). Pain and suffering is for physical and mental pain and suffering, inconvenience, loss of enjoyment of life, etc. Certainly, driving anxiety or another mental or emotional disorder fits the category, in my opinion.
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