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Old 02-27-2009, 06:38 PM
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Compensation for Missed Work Opportunities Burden of Proof


What is the name of your state (only U.S. law)? My wreck was in Spokane Washington and I reside in Boise Idaho. I had gone to Spokane for my Father's Funeral and was heading home when a college kid who has Allstate insurance, hit me on the front quarter panel on the driver's side of my brand new Hyundai and totaled it. Both front air bags went off. I am still under treatment for upper back and rib problems I have had since the accident. My sister has settled her claim. I know not to settle mine before I no longer have treatment but here is my question.

This article was in your newsletter:
"You’re also entitled to be compensated for work opportunities you may not have been able to take advantage of because of your injuries. Even if you can’t point to specific dollar amounts you may have lost, the fact is the adjuster knows the potential, in the area of “Lost Opportunities” (situations you were unable to take advantage of) are legitimate issues and (if somewhere down the line they were presented to a sympathetic judge or jury) they would absolutely - - increase the dollar value of your claim

How do you figure out a fair amount of money to claim for lost opportunities for not being able to accept work when I was unemployed at the time of the accident? I want to be fair since Allstate so far has treated us fair. I also was/am currently collecting disability wages from the State of Idaho because of my depression that was began when I was working for them. I venture to say it probably has gotten worse, what with all the doctor visits and hassle over the accident but I just don't know how to figure it. I would like to keep an attorney out of it as long as Allstate comes up with a decent offer. My problem is figuring out what would be a fair amount to ask for.

Sincerely,
Linda HawleyWhat is the name of your state (only U.S. law)?
  #2  
Old 02-27-2009, 06:56 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,559
Quote:
Originally Posted by ltreats View Post
How do you figure out a fair amount of money to claim for lost opportunities for not being able to accept work when I was unemployed at the time of the accident?
Simply, you don't. You were not working at the time of the accident so did not suffer 'lost wages'. You can't claim 'lost opportunity' that wasn't there.
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Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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