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Potential wage loss | Can I be compensated for this?
I was rear-ended at 40- 50 mph on an interstate 5 weeks ago. My car careened across three lanes of traffic before I gained control and brought it to a stop. Both my car and the other car were totaled. I have suffered soft tissue damage to my neck, and lower back/sacrum pelvis area (my seat broke from the impact so my sacrum took a hard hit.)
I am having weekly visits to my Dr and twice weekly Physical Therapy for problems including bladder weakness and muscle spasms. I have had an injection in my neck vertebra to reduce pain and swelling. After 4 weeks, I was able to turn my neck enough to drive, but it is still painful. I suspect I will be treated for 3-6 months. MRI's show no major nerve damage, and Xrays are all clear.
I have hired an attorney, but am not getting many answers from them. I work as freelance writer and had just consulted on a writing project and was hired to re-write a play just days before the accident. I estimated that I would deliver the re-write in one month. I have not been able to complete 10% of the job in 5 weeks due to severe pain sitting and constant head aches and difficulty concentrating.
I bought a new chair and as the pain decreases I am able to do more. I did secure the contract (the person who hired me is sure that I am the best writer for the project and is in no hurry) but it will now take me at least three months to do what I would have finished in one. Also I am not able to pursue other work in the meantime. Will I be able to claim wage loss for this? My attorney's legal aid said that since it isn't a regular wage job I probably cannot claim it. I am being paid $2500 for the writing project- half up front and half upon completion.
Well, you really need to talk to your lawyer and have them answer your question. They know all the facts and local laws and they are in the best position to help you. Don't take no for an answer, make an appointment and see the lawyer.
Usually, you have to be compensated back to the position you were prior the collision. If you missed out in a job opportunity and you can show that it was directly related to the accident, then you can make the argument that you are owed for that. Again, you do want to talk to your attorney as they are the only ones who can give you a straight answer.
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