Commitment Precision & Results - Jacksonville, Florida

What about lost wages/ability to earn income?

Lost wages are a very important element of damages, especially if the subject claim is one involving primarily “soft-tissue injuries.” “Soft-tissue injuries” can be very problematic and difficult, and those particular problems will be explained in a little more detail later.

The point is that the defense will certainly argue that you are not really hurt if you are well enough to perform the requirements of your job. On the other hand, if you do miss work, the defense will portray you to the jury as a malingerer, one who is “choosing” to sit out from work, only to make your claim seem worse than it really is.

Our experience is that juries also send out mixed messages on this issue. While juries do like people who work, and tend to respect a Plaintiff who is a hard worker, juries are traditionally very hesitant to award any substantial damages where the Plaintiff has not suffered substantial out-of-pocket losses. Be sure to talk with your lawyer in detail about this issue as it relates to the specific circumstances of your case. The answer is always to tell the truth, and if you must miss work, do so.

On the other hand, we advise all of our clients that if you honestly can work, then do so. Always tell the truth. We defer completely to you and your doctors on this issue. Only you really know your capabilities. However, this brings up another issue that often occurs in personal injury cases which cause many injured people trouble.

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444 E. Duval Street
Jacksonville, FL 32202
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Phone: (904) 446-9817
Facsimile: (904) 446-9825
Toll Free: (800) 913-6646

E-Mail: info@wilnerfirm.com