You were walking down the street, doing your own thing, when Freddie Fuddle, a fumbling, stumbling guy by the name of Freddie Fuddle, suddenly flew past a Stop Sign, and plowed into your car with a huge, rip-roaring broadside. Although you were wearing your seatbelt, the thundering crash still sent you spinning around inside your car.
After a long recovery, Fuddle’s insurance carrier Granite Mountain Insurance is now clamoring for closure and has assigned Claims Adjuster, I. M. Strong to your case. Strong and you are sitting at the kitchen table discussing your settlement dollars. He has some issues with your income loss. Here are some facts:
Your damages include lost wages. Pay attention to what I’m saying. “You shouldn’t think of the days you were absent from work as lost time and earnings. It’s not lost time and earnings – it’s lost earning capacity.
“What is Lost Earning Capacity?” you ask. I thought I could only claim for my lost income. You can still claim income loss even if you haven’t lost a single penny. This could happen if your salary is paid due to you applying for sick leave, an Accident and Health Policy, or any other arrangement.
Most cases – even if your wages were not earned while you were at work – you should still receive the money as lost wages. Why? That’s your lost earning capacity. Your Compensatory Damage is the amount of your lost earning capacity. Strong will not extort you for that Compensatory Injury. You still have the right to any income you receive, even if it was in another way. Strong will do anything to make you feel disadvantaged, especially when it is about getting paid for your lost earning capacity. He’ll use this tactic to his advantage in every settlement negotiation that he is involved in. It’s amazing how many times he does it.
Unsuspecting claimants will often say, “Hey, we understand that I am to be paid for my wages.”
Strong answers: “You didn’t collect $200.00 per week from your Accident and Health Policy, did you?”
“Yeah but my average weekly income was $275.00 per week last year.”
“Okay,” I. M. Strong smiles a winning, well-practiced smile that tells you he is a fair and competent insurance claim adjuster. But, deep down, he knows he’s not. “We’ll pay $75.00 per week.” Let’s say you were disabled and were unable to work for five weeks. $575.00 is 5x $75.00. Do not worry, my friend. I will see to it that you get paid the $375.00.
“Wow!” You think “Wow!” This is a great turn of events. Worse, you could have lost $275.00 per week in income (for a total $1,375.00), which would have given your case $4,000.00-$5,000.00 more value in settlement dollars.
DOCUMENTING LOST OUTCOME: Ask your company to send a letter on official stationary describing your gross salary income, and the days that you were absent from work.
GROSS PAY Vs. NET PAY. You should only collect the “gross wage” you have lost.
TOTAL DISABILITY or PARTIAL DISABILITY – For each week of Total Disability (a fact that must be noted in your doctor’s Final Medical Report), you should use your gross weekly earnings – even if your wages were paid! You have the right to claim a significant percentage of your income for every week of Partial Disability that your doctor declares in that Final Medical Report.
These five points add value to your claim so be prepared to speak with Smart and, where possible, show:
(1) If your job requires heavy lifting and/or labor. (2) Any vacation or sick time you have lost. (3) Any loss of future income – whether it was with your company, or any other income that you have bubbling over. (4) If you were forced to give up any bonuses. (5) If you were unable to take advantage of an opportunity that could have lead to a better job.
Your claim is more valuable if any of the five points above are true.
THE CRUCIAL MEDICIAL REPORT: Granite Mountain Insurance Company, Adjuster I. M. Strong understand that the more time you take to recover from an injury, the more severe your pain and suffering will be. Therefore, they can offer a settlement for your claim. This must be noted by your Chiropractor/Attending Physician in the Final Medical Report. Ask him to tell you how long it will take before you can return to your regular activities, such as golfing, hunting, fishing, and/or rockin’ and rollin’ with your lady friends.
Keep going to your doctor as long as you have any problems. Even if it drives you crazy! This is because your records will show that you visited him four, eight, and twelve weeks after the accident. This proves that your injury required constant attention and that you were unable work. You should also tell your doctor that there has been no relief from your pain, discomfort, or immobility since the accident. He will provide you with a Medical Report once you are done. This is the one that you will give to Adjuster Smart as soon as you start to discuss turkey. You’ll see him look confused as he reads the text. You’ll see that he does it and you’ll be able to tell if he is serious.