Being injured in a car accident is stressful enough. When you can’t work for an extended period, it can be overwhelming. Depending on the amount of time you are unable to work, your boss might need to hire someone else to fill your position.
Understandably, anyone in the same situation might be wondering, can I make a claim for the pain and suffering of losing my job?
To understand your legal rights following an injury collision, it’s essential to speak with a knowledgeable Cartersville car accident attorney.
Can I Claim Damages?
If you lost your job due to a car accident, it’s imperative to present the most persuasive case possible.
If you can prove negligence against the other driver, you can sue for your loss of earnings and your lost earning potential.
These can be rather complex cases to resolve since they involve unknown financial losses. Having an experienced attorney is crucial in these types of cases. You need someone who can argue for the maximum compensation possible.
Do not expect the other driver’s insurance company to resolve your case based on your figures willingly.
You need to prove liability against their insured and show that your injuries and medical treatment were directly related to the accident.
What Are Special Damages?
Regarding a claim for a lost job, your special damages make up your lost wages, income, benefits, profits, or other business opportunities.
This figure represents your lost income from the time of the accident until you are deemed stable enough by your doctors to return to work again.
If you used any available vacation days or sick time, those may be deducted, which could reduce your potential settlement.
Other special damages include compensation for things like medical expenses, vehicle repairs, and other related expenses.
What Are General Damages?
Your general damages as they relate to your loss of employment are more complicated to calculate.
These include damages that are not quantifiable, such as lost earning capacity, pain and suffering, mental anguish, and physical impairment.
If your injury will permanently affect your ability to return to work and earn a living, you may receive damages for lost earning capacity.
Additionally, if you experienced pain and suffering from losing your job, such as depression or anxiety, you could ask a jury to assess the value of those damages along with any physical pain and suffering you experienced.
Some states have a limit on the amount of damages you can receive in a personal injury case.
This limit is typically known as a damages cap. Georgia does not have any limit on the amount of non-economic, or general damages, you can receive in a car accident claim.
What could limit your recovery though is if you had any fault for the accident.
Georgia’s negligence law is modified comparative liability. This means that as long as you are not more than 49% at fault for the accident, you can collect for a portion of your damages.
Your percentage of fault will reduce any recovery. That means if a jury finds you 10% at fault, you will receive 90% of your overall damages.
Contact a Georgia Car Accident Attorney
If you lost your job due to a car accident, you aren’t alone. We have received questions like, What happens if I lose my job due to a car accident? from other clients who are worried they will be terminated while recovering.
That is why you need a skilled Cartersville car accident attorney on your side.
Contact the Pritchard Injury Firm today to schedule an initial consultation.
We understand how difficult this situation is. With our years of personal injury experience, we can help you fight for the compensation you deserve after losing your job.