Addressing Loss of Future Earnings Following an Auto Accident in Mississippi

Perhaps you were one of the luckier drivers who were able to return to work shortly after your auto accident with little interruption in your work schedule. Unfortunately, many others who have been involved in car accidents are not so lucky and can face prolonged physical recovery which limits or prevents entirely their ability to return to work. In our uncertain financial climate, such a misfortune can put such a strain on family finances that many are simply unable to recover from. Medical bills continue to mount alarmingly, and regular bills are stacking up, unable to be paid.

What You Will Need to Recover Lost Wages

In order to successfully recover lost wages following your accident you must have documented income prior to the accident. The only exception to this is if you were a student working toward a degree before your accident, you may be entitled to lost wages based on what you would have earned once you finished your degree. Additionally, the wages you received before your accident must have been claimed as taxable income. If you suffered an injury as a result of the accident, it must have impaired your ability to work in your previous position, and finally a medical doctor must have the opinion that you have specific physical restrictions or disabilities. Should the doctor conclude you are totally and permanently disabled, then future lost wages are clear-cut, however if it is determined you are partially disabled or have restrictions which prevent you from continuing to do your previous job, you may still be able to recover lost wages.

What are Work Restrictions?

If you’ve been off work following an accident, you will probably be required to have your doctor sign a release which allows you to return to work. There may be certain restrictions on your work which your doctor will put in writing and you will take to the HR department or your immediate supervisor. Your doctor may specify that you be restricted to light duty work which limits the amount of weight you can lift. If your particular job requires you to lift and move materials, then your doctor may restrict the number of hours you can work each day. If there is no light duty work available at your workplace, then your employee will state this in writing for the benefit of the insurance company.

Your doctor may also state that you cannot sit in the same place for more than two hours at a time, or simply no long periods of sitting. If your job involves sitting in front of a computer for long periods of time, and that amount of sitting aggravates your injuries, then your doctor will provide more work restriction details. If your injuries were especially serious, then you may never be able to return to your previous job, which will have a major impact on your life and your future.

Document All Lost Wages

After your accident, while you are recovering from your injuries, it is crucial that you keep good records documenting your lost wages. You will need your employer to provide a letter which states the amount of time you’ve been off work, how much money you typically make per hour, or how much you make monthly, the number of hours you will typically work in a week, as well as any overtime you consistently work.  If you haven’t worked much overtime in the past, but you had agreed with your employer that you would be working overtime in the future, then your injuries prohibited that work, then this should also be included in your letter.

By the same token, if you were expecting a raise or a job promotion, then your employer should include this information in your letter, along with the specific details of how much more your paycheck would have been, or when the promotion was to take effect.  Remember  the wages you are claiming as lost are generally gross earnings as opposed to net, however if you are also claiming Worker’s Comp, it will depend on your state of residence whether you will receive net wages, gross wages or only a specific percentage of gross wages.  Keep careful track of all days and hours you have missed from work without pay, including sick days or vacation leave.

Lost wages are a very important aspect of your overall settlement for your personal injury claim; depending on the extent of your injuries it could be a long time before you are able to return to work, if at all. Your personal injury attorney is the best source of information regarding your claim for loss of future earnings, and it’s very important to follow all his or her advice.

We represent clients on a contingency fee basis so you do not pay until we recover compensation for your Mississippi auto accident.  An experienced Mississippi auto accident  lawyer at Barrett Law, PLLC offers compassionate and zealous advocacy for Mississippi accident victims so contact us immediately at (662) 834-2376 to learn how we can help.

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Study of Cell Phone Bans while Driving: The Surprising Results

Distracted driving is widely acknowledged to be a leading cause of serious car crashes.  Mississippi like many states has passed legislation to reduce the risk of distracted driving car accidents caused by cell phones.  Mississippi prohibits text messaging while driving among new drivers with a learner’s permit, intermediate or temporary license.  Many other states have far more extensive bans on cell phone use while driving including bans on texting for all drivers or hands free calling only limitations.

While it was generally presumed that such legislative efforts would reduce cell phone related car accidents.  These assumptions are now being called into question based on the results of a surprising new study indicating that current hands free cell phone laws have not been effective in preventing auto accidents caused by mobile phones.  According to the results of the study, bans on cell phone use and texting while driving also have not resulted in a reduced risk of car accidents.

The study revealed that cell phone bans have not had a significant impact on auto accident rates despite declines in cell phone use while driving.  While the study authors are not suggesting changing the laws designed to limit mobile phones while driving, they are suggesting that states without cell phone bans avoid enacting new laws until further research can be conducted regarding the relationship between mobile phone use while driving and car crash rates.

The results of the recent study confirm prior research suggesting that cell phone bans do not prevent distracted driving accidents.  A prior study conducted by the Highway Loss Data Institute looked at cell phone related car accidents prior to and following cell phone bans in California, Connecticut, the District of Columbia and New York.  The study also revealed that there was not a significant change in the fluctuation of auto accident rates before or after the ban in the states that enacted the bans or neighboring states without bans.

The researchers in both studies are puzzled by the results of the studies.  There is wide agreement that cell phone bans result in a sharp decline in cell phone use while driving.  It is also widely agreed that there is a strong correlation between cell phone use while driving and car accidents.  Some have speculated that the bans have not resulted in fewer auto accidents because drivers simply switch to hands free calling.  However, studies have indicated that there does not appear to be in any difference in accident rates in states with hands free cell phone use laws.

While the results of this study are somewhat confounding, distracted drivers cause many Mississippi car accidents.  The recent study also revealed that drivers are distracted as much as 50 percent of the time.  If you have been injured by a distracted driver in Mississippi, the experienced Mississippi car accident attorneys at Barrett Law Office offer a free no obligation initial consultation so call us today at  (662) 834-2376.

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Defective Bicycles Can Mean Serious Injury for Vulnerable Mississippi Bike Riders

Bicyclists are extremely vulnerable when sharing the road with passenger vehicles with a minimum weight of 3,000 pounds, which explains why bicycle accidents send over a half a million people to the emergency room annually.  There are many potential dangers that face bicyclists including unsafe drivers, poorly designed and maintained roadways and even defective bicycles.  Most people never seriously consider the possibility of being involved in a Mississippi bike accident caused by design or manufacturing defects associated with a bike.

Because bicycles provide virtually no structural protection to riders, the impact of a product defect in a bicycle can be extremely serious.  If the frame of the bike is compromised or an operating part of the bicycle fails due to substandard design or workmanship, a bicyclist is virtually unprotected if the bike goes down or the rider loses control and veers into traffic.

Historically, a common defect with bicycles involved instructions and warnings regarding proper use and assembly that were woefully inadequate.  The Consumer Product Safety Commission has imposed safety standards over the years that have helped reduce the number of bicycle accidents and serious injuries resulting from bicycle malfunctions.  Many bicycle models have been subject to recall for defects in their design, manufacture and instructions.

While a product recall can help prevent the potential danger of riding a defective bicycle, these vehicles are sometimes a serious bicycle accident waiting to happen.  Further, sometimes recalls come too late or may even be intentionally delayed to avoid the cost of recall.  If a bicyclist is involved in a bike accident and suffers injury or even wrongful death, the manufacturer, wholesaler or retailer of the bicycle may be liable for any injuries or loss.  Even if a bicycle accident involved collision with a motor vehicle, the bicycle manufacturer may share in the fault for the bicycle accident if a product defect contributed to the collision with the motor vehicle.

In a typical year, there are dozens of bicycles and accessories subject to recall for product defects.  While a bicycle may seem like a relatively simple and straightforward vehicle with few parts that can be defective, there are many bicycle parts that have been defective and subject to recall including:

  • Chains that malfunction
  • Defective brakes
  • Frames with compromised joints
  • Tires that blowout due to substandard manufacturing
  • Cranks that are compromised

If you are involved in a bicycle accident that may have been partially caused by a product defect, you should take the following steps:

  • Get medical assistance and obtain treatment
  • Summon police to the accident scene
  • Obtain insurance and contact information for any witnesses including the driver if you were involved in a collision with another vehicle
  • Preserve your bike in the same condition without repair

A bicycle accident can result in life-altering injuries that mean permanent disability from work and a lifetime of supportive care.  Tragically, almost a thousand bicyclists per year lose their lives in bicycle riding accidents.

If you or a loved one has been involved in a Mississippi bicycle accident and suffered injury or the loss of a loved one, the experienced Mississippi bicycle accident lawyers at Barrett Law, PLLC has been representing those injured by the negligence of others for 75 years.  Our dedicated and caring legal team offers a free initial consultation so that we can evaluate your case.  We invite you to call us today at (662) 834-4443 to see how we can help you seek the compensation that you deserve.

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