Friday, May 6, 2011
HOW MUCH IS MY BALTIMORE ACCIDENT CASE WORTH? I lost my job. Can I recover my lost wages? What about future wages?
Yes. If you are hurt by the negligence of another, and are kept out of work by a doctor, the wages you've lost are recoverable. If you are given a light duty or part time duty restriction by your doctor, you're entitled to recover the difference between what you make, and what you would have made working full duty. What about a situation where someone is seriously injured, and can no longer return to their former employment for medical reasons, or were terminated from their job? An experienced Baltimore personalinjury lawyer may be necessary. The burden of proof is higher, and the evidentiary requirements are more stringent, but, in appropriate circumstances, a significantly injured plaintiff may recover for a loss of future earning capacity. The nature of this claim is explored in another chapter in this series. In this situation, an experienced Baltimore personalinjury lawyer
will always have a discussion with his or her client about the obligation to diligently look for work and keep records. "The duty to mitigate damages serves to reduce the amount of damages to which a plaintiff might otherwise have been entitled had he or she used all reasonable efforts to minimize the loss he or she sustained as a result of a breach of duty by the defendant." Hopkins v Silber [Md. App., 2001] [citations and internal quotations omitted].In the context of last wages, this concept means that an injured plaintiff, if and when healed, must look for work.