I have been unable to work for two years since an auto accident. I tried working but I couldn't do it because my pain in my back was to much. One job was through a temp agency and the other one was for my normal line of work which is in the oil and chemical refineries. I also worked for a company prior to the accident in sales, marketing, HR department etc. however my pay was under the table. But I was making 3500 plus a month. My old boss said he would help me if needed to prove my wages. I am in negotiations with the insurance company and they are refusing to pay for lost wages and future wages because there reason is because I should have mitigated my situation for a job.
If you were so seriously injured that you were out of work for 2 years, you need a personal injury attorney to represent you. Your medical expenses and pain and suffering are probably astronomical. Lost wages are usually the claim I have the most difficulty with because the lost wages are not supported by the evidence or people are over reaching. This means you need to document your lost wages with detailed paperwork and with convincing evidence that you were unable to work (ie. medical evidence).
I agree with Mr. O'Neill. If you were so badly injured that you were unable to work for two years then you need to talk to a personal injury lawyer. Insurance companies have experts working hard to pay you as little as possible for your claim so that the insurance company can maximize its profits. If someone else caused your accident injuries then you deserve fair compensation. Assuming that the statute of limitations has not yet run out on your claim, you may benefit greatly from working with a personal injury attorney. Most lawyers provide free consultations so you have nothing to lose and much to potentially gain from contacting an attorney. If you need help finding a lawyer then you can use AVVO's Find a Lawyer tool, you can ask friends or relatives for recommendations, or you can contact your local bar association.
Why do you not have personal injury counsel advocating for you if you were so seriously injured? Rectify this ASAP.
If you were paid under the table and did not report this income to the tax authorities, it is not in your best interest to attempt to make a loss of earnings claim based on the same earnings. Effectively you didn't pay taxes and defrauded the government, you cannot then use that to assert income without opening another HUGE can of worms.
First, if it has been two years since your auto accident, you may have already lost. In California the statute of limitations for an auto accident personal injury case is 2 years. Thus, you need to talk to an attorney immediately. You can most likely recover for lost wages if it can be determined they are reasonable and caused by the accident. Your old boss will probably need to testify. Best of luck.
All content posted on and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to to the Morales Law does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.
You can't force the insurance company to agree with you and give you all the money you want. If the two of you can't agree on the value of your damages, then go to trial and let a jury decide.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
Your lack of tax returns on the under the table payments will be very problematic. Don't count on your prior employer wanting to really get involved, as he could expose himself to criminal and civil penalties for failure to pay withholding taxes, Social Security taxes, workers compensation premium and failure to file W-4's and W-2s and probably other violations as well. Under the table work often comes back to bite personal injury claimants..
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements 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. You can access my Legal Guides through my profile page on Avvo.
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.
Be very careful, if the statute of limitations (SOL) is approaching or has already passed (specific to state law- possibly 2 years in Cali), then you have lost your opportunity to file a lawsuit - i.e. bring out the big guns in response to the insurance company offering you an unfair settlement. If the insurance company is aware that the SOL has run, this is NOT good for your case and at this point, they can revoke their offer and you will have no remedy. Hopefully they won't do this as its extremely unethical - but I've seen worse behavior from insurance companies so I wouldn't be surprised. Even if you have one month until the SOL runs, I would contact an attorney immediately. If you file a lawsuit within the remaining time, your right to recover and continue to fight for a fair settlement or recovery from the insurance company will be preserved. Your next challenge will be proving your lost wages. If you didn't file a tax return, as you are legally required to do, my opinion is that you will not be successful in recovering your wages. It may be possible for you to get in touch with a tax attorney to find out if there is a way to remedy the tax situation first, before pursuing the lost wage claim.
Your biggest problem right now is the 2 year time limit to file a personal injury lawsuit. I'm hoping you haven't already blown the statute of limitations. If that's the case, your wage loss and all other claims will vanish into thin air. You need to IMMEDIATELY contact an attorney to discuss your case and how to get a complaint on file with the court if you haven't already done so.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline