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RED FLAGS: When You Are Injured in a Work Accident

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  1. Weighing the Loss of Earnings
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Your personal injury lawyer can help you calculate your recoverable damages, which may include:

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  • Lasting Disfigurement

Posted on: June 9, 2016

RED FLAGS: When You Are Injured in a Work Accident

If you have been injured in an accident, personal injury lawyers in Lafayette may be able to help you earn damages for your pain and suffering and lost wages. Lost wages, or loss of earnings, is sometimes difficult to prove in court and many red flags are raised when someone claims to have lost wages–it is sometimes a very difficult process. For example, it might be unclear if the loss quoted is net or gross pay. Your career will also be called into question as well as whether or not you are salaried, hourly, or self-employed. You will need clean and certifiable records of income to show you really did or do hold that career. Examples of loss of earnings are only difficult to find for self-employed people as there is no specified projection or record of their earnings on what they would have lost from a personal injury. If you are salaried, there are records available to prove that they hold the careers they claim to hold, making it simple to prove what they lost as a result of the injury.

Weighing the Loss of Earnings

In all cases, the loss of earnings must be weighed against all verifiable injuries as well as the medical reports. The reports must show that you are unable to do your job due to your disability. That means there must be a reasonable relation between the actual injury, the length of disability, and the time lost from work.

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Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.

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Mitigating Damages

Mitigating Damages - Lafayette Personal Injury LawyerYou have a duty to mitigate damages. This means that, if you are self-employed and work as an accountant for example, you must hire a replacement instead of not working and building up a loss of profits. The usual loss of earnings is related to the amount paid to the replacement. This is not necessarily the case when there is a clear disparity between you and your available replacement. Your Lafayette workers’ compensation lawyer could help determine whether you have mitigated damages.

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I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.

Rick Smith | Client
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Overtreatment

Overtreatment may count against you. Overtreatment, such as unneeded physiotherapy may be questioned, leading to doubt concerning the loss of time from your occupation. Overextended absences could hurt your case as well. These are things you want to avoid at all costs if you are trying for a personal injury lawsuit.

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The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Client
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Occupations

Some occupations, such as those of taxi and truck drivers, are seen as inherently askance, generally because they are more at-risk careers than other options that are low risk careers. This could hurt your claim if your career is one of these. Others careers that are looked upon with distrust include iron workers, ambulance drivers, doctors, lawyers, and police officers. It should also be kept in mind that rental trucks and other rental vehicles are sometimes used in staged accidents, and this possibility will be well-examined.

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Laborde Earles Injury Lawyers Ranked 25th Fastest-Growing Private Company in Louisiana on the Inc. 5000 2023 List!

We are proud to announce that Laborde Earles Injury Lawyers has been recognized as one of the fastest-growing privately-held companies in the U.S., securing a place on the prestigious Inc. 5000 list...

Were You Injured in a Super Fog Vehicle Accident in Louisiana?

Were You Injured in a Super Fog Vehicle Accident in Louisiana?

Early Monday morning, October 23rd, a dense "super fog," a rare weather condition created by the mix of smoke and fog, resulted in a tragic pileup involving 158 vehicles, including three 18-wheelers....

Is your business suffering due to COVID-19

Is your business suffering due to COVID-19

Since March 16, 2020, restaurants, bars, casinos, and movie theaters in Louisiana have been nearly 100 percent shuttered. After March 23, 2020, all non-essential business in Louisiana have been...

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Personal Injury FAQ:
What Is a Deposition in a Personal Injury Case? What Is a Deposition in a Personal Injury Case?

A deposition in a personal injury case is a formal interview where someone answers questions under oath before trial. This process, also called giving sworn testimony, helps both sides gather facts

How to Write a Demand Letter for a Personal Injury Claim How to Write a Demand Letter for a Personal Injury Claim

Knowing how to write a demand letter for a personal injury claim empowers you to clearly communicate your needs, document your losses, and seek fair compensation for injuries you suffered because of

Can I Get Pain and Suffering Damages for a Neck Injury? Can I Get Pain and Suffering Damages for a Neck Injury?

Yes, you can often get pain and suffering damages for a neck injury. These damages acknowledge both the physical pain and the emotional challenges that come with it. A neck injury can disrupt daily

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