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How are past lost earnings proven? Medical records, which show the doctor authorizing a release from work or giving instructions to restrict work activities, can support the time taken off from work due to the injury. For those self-employed, medical providers typically do not provide a release from work; however, medical records should record work restrictions placed by the medical provider.
After showing that the time off was justified, the next step is to value the lost earnings. A letter from a person’s employer that outlines the amount of time that one has lost as a result of his/her injury, the loss of benefits, and the rate of pay during the time of loss is evidence of the value of one’s loss of earnings claim. Other supporting documents include pay stubs, time cards, and tax returns. The monetary value of sick leave and vacation time that are used due to the injury are also recoverable. For those self-employed, earnings history as reflected by tax returns and profit and loss statements can help prove the value of lost earnings. Similar supporting documentation must be presented for future lost earnings.
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Apart from economic damages, you can recover “general damages,” which are damages for the pain, suffering, and inconvenience due to the accident.
If you were suffered injury in an auto accident or someone’s premises, please contact our office to discuss your case. To maximize monetary recovery, it is important to have the assistance of an experienced attorney in presenting your personal injury claim.
* * * The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
* * * Darrick V. Tan, Esq. is admitted to practice law in California and Nevada. Mr. Tan is a graduate of UCLA and Southwestern University School of Law. He is a member of the Consumers Attorney Association of Los Angeles (CAALA) and American Immigration Lawyers Association (AILA). He is a former member of the Board of Governors of the Philippine American Bar Association (PABA). LAW OFFICES OF DARRICK V. TAN, 3580 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010. Tel: 323-639-0277. Email: info@ dtanlaw.com (Advertising Supplement)