Traumatic Brain Injury (TBI) Awareness Month

Navigating the aftermath of a car accident can be a challenging ordeal, particularly when it leads to job loss. But can you sue for a lost job? Yes. In California, the law allows you to pursue a personal injury claim for lost income and lost earning potential. This blog aims to shed light on this complex issue, guiding you through the process of claiming compensation for a job lost due to a car accident.

Understanding Personal Injury Claims in California

Personal injury law protects individuals who have been physically or mentally injured because of the negligence or wrongful conduct of others. The purpose is to restore the injured party to their original condition by awarding them monetary compensation for their injuries and losses. In legal terms, these compensations are referred to as damages.

In car accidents, personal injury claims are exceptionally common. These claims can cover a range of damages, from medical bills and property damage to emotional distress and, pertinent to our discussion, lost income.

In California, the legal framework for personal injury claims is quite comprehensive. The State operates under a system of pure comparative negligence, meaning that even if you were partially at fault for the accident, you could still recover damages. However, your recovery would be reduced by your percentage of fault. For example, if you were found to be 20% at fault, your total recovery would be reduced by 20%.

To file a personal injury claim in California, the plaintiff (the person making the claim) must prove that the defendant (the person being sued) was negligent, and that their negligence caused the accident that led to the plaintiff’s injuries.

The four elements that must be established in a negligence claim are:

1. Duty: The defendant had a legal duty to behave in a certain way towards the plaintiff.
2. Breach: The defendant breached that duty by acting or failing to act in a certain way.
3. Causation: The defendant’s actions (or inaction) caused the plaintiff’s injury.
4. Damages: The plaintiff was harmed or injured as a result of the defendant’s actions.

If you’ve suffered job loss because of a car accident, it’s crucial to understand that lost wages fall under the umbrella of economic damages in a personal injury claim. Economic damages compensate the plaintiff for monetary losses, and unlike non-economic damages (like pain and suffering), there is no cap on the amount you can recover for economic damages in California, except in medical malpractice cases.

The process of claiming these damages is not a walk in the park. It requires substantial proof that your job loss was indeed a direct result of the injuries sustained in the car accident. This might involve medical records, expert testimonies, employer statements, and more.

The Connection Between Job Loss and Car Accidents

It’s not uncommon to assume that the fallout from a car accident is limited to physical injuries and damage to your vehicle. However, the repercussions can ripple into various aspects of your life, including your employment. Let’s explore how a car accident can lead to job loss.

Imagine this scenario. You’re a construction worker involved in a significant car accident that results in a debilitating back injury. The doctor advises several months of rest and rehabilitation, making it impossible for you to continue working in your physically demanding job. Your employer, unable to keep your position open indefinitely, is forced to let you go. Suddenly, you find yourself without a job, facing mounting medical bills and the loss of regular income.

In another instance, consider a professional violinist whose hand gets severely injured in a car accident. The damage to their hand means they can no longer play the violin, leading to an end of their career as a musician.

These examples illustrate the direct link between car accidents and job loss. But how does this translate into a personal injury claim?

Personal injury law in California allows you to recover economic damages–quantifiable monetary losses resulting from an injury. These damages are not limited to medical expenses and property damage but extend to lost wages and loss of earning capacity.

Lost wages refer to the income you would have earned had you been able to work during your recovery period. In our construction worker example, this would be the regular income lost during the months of rest and rehabilitation.

Loss of earning capacity is a bit more complex. It refers to the reduction in your ability to earn in the future because of your injuries. For our violinist, this would be the income they would have made from their career as a musician but are now unable to earn due to their hand injury.

It’s important to note that calculating these damages can be complex and often requires the testimony of economic experts. For lost wages, you would need to demonstrate your regular income before the incident versus after the incident. For loss of earning capacity, an expert might consider factors like your age, skill level, occupation, and the labor market to estimate the income you could have earned in the future.

Proving Your Claim: What You Need to Know

The journey to compensation for a lost job due to a car accident is paved with evidence. It’s not merely about stating your case; it’s about proving it. But how do you go about this? Let’s break it down.

Personal injury claims revolve around the principle of negligence. You need to establish that the defendant was negligent and that their negligence caused the accident that led to your injuries and subsequent job loss.

To prove negligence, you’ll need to show that the defendant had a duty of care, they breached that duty, and that breach resulted in your injuries. Evidence can include traffic violation tickets, witness statements, police reports, and any other documentation that supports your claim.

Next, you need to connect your injuries to the accident. This is where medical records come into play. Doctor’s reports, X-rays, MRI scans, and any other relevant medical documentation can serve as concrete proof of the injuries you sustained from the accident.

So far, so good. But here’s where things get tricky—proving that your job loss directly resulted from the car accident. This requires a two-pronged approach. First, you need evidence that you were employed at the time of the accident, like pay stubs or an employment contract. Then, you need to demonstrate your inability to work is due to the injuries from the accident. This could be in the form of a doctor’s note recommending time off work or a statement from your employer that they let you go because of your inability to perform your duties.

If you can prove this, you’ll be eligible for economic damage. To claim these damages, you’ll need to prove your regular income and your potential future earnings. Pay stubs and employment contracts can help establish your regular income. For loss of earning capacity, you might need the testimony of an economic expert who can calculate your potential future earnings based on factors like your age, skills, occupation, and the labor market.

How PARRIS Law Firm Can Help

If you’ve lost your job due to a car accident, the path to recovery can feel like an uphill climb. You’re dealing with physical injuries, emotional distress, and now the loss of income. The legal process might seem like another complicated burden you don’t need. But that’s where PARRIS Law Firm steps in.

At PARRIS, we specialize in personal injury claims. We know the ins and outs of California’s legal landscape, and we understand the nuances of proving negligence, establishing damages, and securing compensation for our clients.

We have a proven track record of helping individuals who’ve lost their jobs because of car accidents. Our attorneys are not just knowledgeable; they’re persistent, dedicated, and committed to getting you what you deserve. They know how to gather evidence, construct a compelling case, and advocate for your rights in court.

At PARRIS, we believe in personalized service. We understand that every client, every accident, and every claim is unique. We take the time to understand your specific circumstances, your employment situation, and how the accident has impacted your life. We then tailor our approach to suit your needs, ensuring that we’re not just fighting for compensation, but for your peace of mind as well.

We’re here to guide you through the legal process, to help you understand your options, and most importantly, to fight for the compensation you deserve. We’re committed to ensuring that the law works for you, not against you.

When you’re hunting for a personal injury lawyer, it’s about more than just checking boxes. It’s about understanding who’s going to be in your corner.

You’ll want to scrutinize their track record, discuss their fees, understand their communication style, and gain insight into their specific strategy for your case. Knowledge is power, and understanding their plan of action is non-negotiable.

Transparency is another major player in this game. Make sure they provide a clear breakdown of their fees and can walk you through the legal process without the jargon.

When looking for the right personal injury attorney for your case, there are many questions you should ask. Here are the top 13 questions to ask a personal injury attorney before you hire one.

1. How many years have you been practicing in California, and have you always practiced personal injury?

The number of years an attorney has been practicing and their area of specialization are important factors to consider when hiring a personal injury lawyer. This question gauges the depth of the attorney’s experience and their familiarity with the local legal landscape.

An attorney who has been practicing for many years in California would have a comprehensive understanding of the state’s personal injury laws, court procedures, and legal community, which can significantly impact your case. If they’ve always focused on personal injury law, it indicates a dedication to this field, suggesting they possess specialized knowledge and skills, which could be beneficial for your situation.

2. Can you provide examples of similar cases you’ve handled and their outcomes?

An attorney’s past performance is a reliable sign of their future competence. By asking this question, you can assess whether they have a proven track record in managing cases akin to yours. It offers a glimpse into their strategic approach, their negotiation skills, and their ability to secure favorable outcomes.

While success in past cases is encouraging, it’s not a guarantee of future results. Each case has its unique set of circumstances. However, an attorney who has consistently achieved positive outcomes in similar cases is likely better equipped to navigate the complexities of your case effectively.

3. What percentage of your cases settle out of court versus going to trial?

Most personal injury cases are settled before they reach the courtroom. This can be advantageous for the client, as settlements often mean less stress, lower costs, and quicker resolutions. However, the willingness and ability to take a case to trial if necessary is equally important. It demonstrates the lawyer’s commitment to securing the best possible outcome for their client.

The answer to this question can provide insight into the lawyer’s approach and strategy. An attorney who mostly settles might excel at negotiation, while one who frequently goes to trial is not afraid to stand up in court and push for a better result.

4. How often will we communicate, and who will be my point of contact?

This question allows you to understand the attorney’s communication style and frequency. Regular updates are not just about staying informed; they also provide reassurance that your case is being actively managed. You’re not just another file in a stack but a person whose life has been impacted by an injury.

Knowing who your point of contact is can eliminate potential confusion. Will you be speaking directly with the attorney, or will a paralegal or assistant handle most communications? A dedicated contact person ensures a smoother flow of information.

5. What is your approach to handling personal injury cases like mine?

Personal injury cases are not one-size-fits-all. Each case comes with its unique set of circumstances, requiring a tailored strategy. By posing this question, you get into the attorney’s thought process. You can gauge whether they take a meticulous, proactive approach or if they prefer to react as events unfold.

Are they aggressive, pushing for maximum compensation, or do they lean towards quick settlements to avoid protracted legal battles?

6. Can you walk me through the legal process I should expect?

This question allows you to gauge the attorney’s ability to clearly and concisely explain complex legal procedures. It’s paramount that you understand the road ahead. You need to know what steps will be taken, from filing the lawsuit to negotiation, settlement discussions, or even trial.

Their response will provide insight into their experience. An attorney well-versed in personal injury law should be able to outline the process with relative ease, demonstrating confidence in an otherwise daunting journey.

7. What is your fee structure, and are there any additional costs I should anticipate?

This question cuts straight to the chase. It clarifies what you’ll be paying for the attorney’s services and when you’ll be expected to pay. Most personal injury attorneys operate on a contingency basis, meaning they get paid only if you win your case. However, the percentage they take can vary, so get this clarified upfront.

Don’t forget about potential additional costs either. These could include court fees, expert witness fees, administrative costs, and more. While your attorney cannot predict an exact figure, a ballpark estimate can help your expectations.

8. How long do you estimate it will take to resolve my case?

This question serves multiple purposes. First, it allows you to plan your life accordingly. Legal proceedings can be long-winded and disruptive. Having a rough timeline helps in managing expectations and mitigating stress.

Second, the response to this question reveals much about the attorney’s experience. Seasoned attorneys, familiar with the complexities of personal injury law, can provide a reasonable estimation based on their past cases.

However, remember that law is not an exact science. Each case is unique with its own set of variables. An estimated timeline is just that—an estimate.

9. How do you determine whether to accept a settlement or go to trial?

This question probes the attorney’s decision-making process. It evaluates their ability to make calculated moves, balancing risks and rewards. A good attorney knows when to negotiate a settlement and when to fight it out in court.

But it’s not just about their decision-making ability; it’s about your involvement in that decision. A reputable attorney will include you in this process, considering your comfort level, financial situation, and long-term goals. They will also tell you when a settlement is in your best interest.

10. What potential challenges do you foresee with my case?

Asking this question will provide you with a roadmap of potential obstacles in your case. It’s about identifying the bumps before hitting the road. The response will offer a glimpse into the attorney’s analytical skills and their ability to anticipate and prepare for challenges.

But this is not just about hearing the challenges; it’s about understanding them. A competent attorney will not only list the challenges but also explain them in a manner that makes sense to you, and explain with clarity how they plan to overcome them.

11. If we lose the case, will I be responsible for any legal expenses?

This question addresses the elephant in the room—the possibility of losing. It’s not a pleasant thought, but it’s a scenario you must prepare for. The answer to this question will clarify who shoulders the burden of legal expenses if the case doesn’t swing in your favor.

It’s not just about knowing who pays; it’s about understanding how much they pay. An experienced attorney will explain the potential costs involved, giving you a clear picture of your financial obligations to pay them back for any costs.

12. Why should I choose you as my personal injury attorney?

This question allows you to assess the attorney’s confidence in their skills and their ability to articulate why they stand out from the crowd. You’re not looking for arrogance, but assurance that they possess the knowledge, experience, and dedication necessary to handle your case effectively.

A capable attorney will provide concrete examples of past successes, strategies they employ, and their unique approach to personal injury law.

PARRIS Law Firm Welcomes Your Questions

Each of these questions is a starting point for a broader conversation with potential lawyers. Ultimately, if you don’t feel comfortable with one, move on. This person will be your advocate and you need to trust them.

When you’ve been injured, the path to recovery can be daunting. Legal complexities add another layer of stress to an already difficult situation. If you’re in California and find yourself in such a predicament, hiring a personal injury attorney could be your best decision yet.

Understanding Personal Injury Cases

Personal injury cases come in many forms, all hinging on the premise that a person has suffered harm due to another’s negligence or intentional misconduct. If you’ve been injured physically, emotionally, or financially because of someone else’s actions, you may have a personal injury case.

In California, personal injury cases take all kinds of forms. They can range from auto accidents (which are notoriously common given our state’s high traffic volumes), to slip and fall incidents often resulting from poorly maintained properties. Workplace injuries are also prevalent, especially in industries involving manual labor. Medical malpractice, product liability, and dog bites are other common types of personal injury cases in California.

The Role & Benefits of a Personal Injury Attorney

When you’re facing the aftermath of a personal injury, it can feel like you’ve been thrown into a labyrinth of legal complexities. This is where a personal injury attorney comes in. But what exactly does a personal injury attorney do?

A personal injury attorney is a legal professional who provides representation to those who have been injured because of the negligence or wrongdoing of another party. They are experts in tort law, which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights.

Navigating the complex legal system is no simple task, especially when you’re dealing with the physical and emotional toll of an injury. A personal injury attorney steps in to guide you through this maze. They handle everything from filing the legal documents to negotiating with insurance companies on your behalf, allowing you to focus on your recovery.

Here are some key benefits of hiring a personal injury attorney:

1. Knowledge of Personal Injury Law: This is their field of practice. They know the ins and outs of the legal procedures, documentation, and other requirements of your case. This experience can help you feel more comfortable with the process and know that you have a trusted advocate fighting for you.
2. Negotiation Skills: Insurance companies often attempt to offer the lowest possible amount for a settlement. Your attorney will skillfully negotiate on your behalf, working diligently to try to get you a fair deal.
3. Court Representation: Your attorney will represent you in court, advocating for your rights and fighting for your best interests, even all the way through trial if necessary.
4. Peace of Mind: Having a professional handle your legal worries can give you peace of mind, allowing you to focus on your recovery.
5. No Upfront Fees: Most personal injury attorneys work on a contingency basis, meaning they only get paid if they win your case. This ensures they will work hard fighting for you.

Each of these points underscores the immense value a personal injury attorney brings to your case. They guide you through the complex legal system, negotiate on your behalf, represent you in court, provide peace of mind, and work on a no-win, no-fee basis.

Common Misconceptions about Hiring an Attorney

There are several misconceptions concerning the hiring of personal injury lawyers. These myths can deter injured individuals from seeking the legal help they need and deserve. Let’s address some of these common misconceptions and set the record straight.

Misconception 1: Hiring an attorney is too expensive.

Fact: Most personal injury attorneys work on a contingency fee basis. This means they only get paid if they win something for you—either through settlement or trial. You won’t have to pay anything upfront, and their fees will come out of your settlement. Therefore, hiring an attorney doesn’t have to be a financial burden.

Misconception 2: I can handle my case on my own.

Fact: Personal injury law is complex and navigating it without professional help can be challenging. An experienced attorney knows how to build a strong case, negotiate with insurance companies, and represent you in court if necessary.

Misconception 3: Lawyers drag out cases to make more money.

Fact: It’s in the best interest of attorneys to resolve cases as efficiently as possible. Prolonging a case unnecessarily can damage an attorney’s reputation and client relationships. They strive to get you the compensation you deserve in a timely manner.

Misconception 4: All personal injury cases go to trial.

Fact: The vast majority of personal injury cases settle out of court. Your attorney will work to negotiate a fair settlement with the opposing party. Only if a satisfactory agreement can’t be reached, will the case go to trial.

These misconceptions can prevent you from getting the legal help you need. It’s important to base your decisions on facts, not myths. A personal injury attorney is a valuable ally in your fight for justice and compensation. The PARRIS Law Firm is here to provide the support and guidance you need during this challenging time.

Costs Associated with Hiring a Personal Injury Attorney

One of the primary concerns when considering hiring a personal injury attorney is the cost. Many people fear that legal representation will be too expensive for them to afford. However, it’s important to understand the costs associated with hiring a personal injury attorney and why these costs are justified.

Contingency Fees: Most personal injury attorneys work on a contingency fee basis. This means they only charge a fee if they win or settle your case. The fee is typically a percentage of the settlement or award up to 40%. This arrangement ensures that you don’t have to pay anything upfront in exchange for the risks that the attorney takes putting their time and costs into your case. It also means you and the attorney share the same goal: to maximize your recovery.

Court Costs and Other Expenses: Besides the contingency fee, there can be other costs related to your case. These may include filing fees, costs for obtaining medical records, expert witness fees, and other court-related expenses. It’s important to note that these costs are often advanced by the attorney and later deducted from the final settlement or award.

Now, let’s address why these fees and costs are justified.

Experience: Personal injury attorneys bring their extensive knowledge and experience to your case. They understand the intricacies of the law, how to negotiate with insurance companies, and how to present your case in the best possible light.

Time and Effort: Building a strong personal injury case takes time and effort. Your attorney will spend countless hours researching, gathering evidence, consulting with experts, drafting documents, and negotiating on your behalf.

Risk Mitigation: By working on a contingency basis, your attorney assumes a risk. If they don’t win your case, they don’t get paid. This arrangement aligns your attorney’s interests with yours, ensuring they are incentivized to fight for the best possible outcome.

How to Choose the Right Personal Injury Attorney

Choosing the right personal injury attorney is a crucial step in your journey towards justice and compensation. But how do you know which attorney is the right fit for you? Here’s a guide on what to look for and some key questions to ask when interviewing potential attorneys.

Experience in Personal Injury: Look for an attorney who practices in personal injury law and has a proven track record of successful cases. While a history of success is not a guarantee they’ll win your case, a proven track record shows their dedication to their clients and the case.

Reputation: Consider their reputation in the legal community. Check online reviews, ask for references, and find out about their standing among peers and clients.

Communication: Your attorney and their team should be someone with whom you feel comfortable communicating. They should be able to explain complex legal terms in a manner that you understand and keep you informed about the progress of your case.

Fees: Understand their fee structure. Ask if they work on a contingency basis (where they only get paid if they win your case) or if there are any other costs you should be aware of.

When interviewing potential attorneys, here are some important questions to ask:

1. What is your experience with personal injury cases similar to mine?
2. How will you communicate with me throughout the case?
3. Do you work on a contingency fee basis, and what does that mean for me?
4. Are there any other costs I should anticipate?
5. How long do you expect this case to take?
6. If necessary, are you prepared to take my case to trial?

PARRIS Stands Ready to Help You

Hiring a personal injury attorney in California is not only worthwhile but often crucial for securing the justice and compensation you deserve. Choosing the right personal injury attorney can make all the difference. Look for experience, reputation, communication skills, and a clear fee structure. Ask questions and ensure they’re the right fit for you.

With another year comes another set of laws passed by the California legislature. In 2022, Governor Gavin Newsom signed hundreds of new bills into law, many of which will go into effect sometime in 2023.

With so many bills to follow, it may be difficult to know how certain laws might affect you. We’ve done the leg work and compiled a list of new laws in California and how they will impact your everyday life.

Employment Law

The state of California requires that all drivers carry auto insurance. However, determining what type of insurance to purchase can be confusing. We’ve put together this guide so you can understand what auto insurance you must carry—and what you should carry.

What Are the Different Types of Auto Insurance in California?

The most common types of coverage your insurance will offer you include the following:

A roundabout, also called a traffic circle, is a type of vehicle intersection that seeks to increase traffic flow and reduce accidents. More common in Europe, roundabouts are beginning to catch on in the United States.

By creating a circular, continuous flow of traffic in one direction, cars don’t have to cross traffic or look in multiple directions before continuing safely. This intersection design has reduced car accident-related deaths and injuries where they are implemented.

Despite this, many drivers in the US don’t know how to navigate roundabouts. To the novice, a roundabout can be intimidating. Just ask the American tourists who crash their rental cars in European roundabouts each year. Unfamiliarity with the roundabout model can lead to an increase in accidents—the opposite effect of what was intended.

To help, our team of car accident lawyers at PARRIS Law Firm have created the ultimate guide to roundabouts: why they’re safer, how to navigate them, and how you can protect your rights if you’re struck by a negligent roundabout driver.

What is a Roundabout?

A roundabout is a circular intersection that links two or more streets. In countries like the US where cars drive on the right side of the road, roundabout traffic travels counterclockwise, usually around a center island or small obstruction.

There are usually no stoplights or stop signs for traffic in the roundabout or traffic entering the roundabout. There are some exceptions to this rule, however, most notably in Washington, DC, and in South Florida.

The key to driving safely in a roundabout is yielding to the traffic already in the circle, which in America means yielding to traffic on your left. We will cover more on this in the driving section below.

Are Roundabouts Safer Than Traditional Intersections?