Most people expect an insurance offer of settlement for a personal injury claim to cover all medical expenses and provide some relief for pain and suffering. Many of those who settle a personal injury claim without the benefit of legal advice don’t realize compensation for the loss of wages is an important component of an injury settlement or verdict.
Most of those who are injured in a Louisville car accident will miss time from work. Many injuries such as herniated discs or even mild brain injury can result in missing weeks or months of work. Generally speaking, a personal injury claim should include compensation based upon the injured person’s Average Weekly Wage or AWW. In most cases, the AWW is based upon an average of your AWW for at least 13 weeks and up to several months prior to the accident.
In serious injury cases, it is often necessary to develop a model which projects the impact of injuries upon the injured party’s ability to return to work or the loss of income they would have otherwise earned in the months and years ahead. Many insurance companies use a complex series of calculations based upon the initial 7 days of missed work and if the ultimate duration of accrued missed work justifies payment for part or all of that time.
The formulas are purposefully complex to prevent a normal person from being able to comprehend, let alone challenge the settlement offer of the insurance company. Insurance companies rely on the overwhelming details and of these calculations to exhaust the injured party and ultimately convince them to accept less than they are entitled to.
Many claims are settled for far less than what is due under law because injury victims do not understand that compensation for the loss of wages is an important component of an injury settlement or verdict. This is one of the many reasons you should always seek the advice and counsel of an experienced personal injury attorney. Many recent studies by the IRS and the insurance industry itself have demonstrated the substantial difference between the amounts accepted by those who represent themselves and those who retain an attorney. We invite you to contact HLH or call 502-583-9701 for a free consultation and review of your case. Ask about the low initial offers made in our client’s cases and the substantial amounts we have recovered in settlements and trial verdicts on behalf of our clients.