Bicycling and the Law
Richard L. Duquette
EP46 Lost Earning Capacity Part 2 Military Plaintiffs
On today’s episode, Richard Duquette and Justin Nelson discuss Lost Earning Capacity Part 2 Military Plaintiffs. A bicycle injury can affect a military personnel’s career. Listen and learn how military plaintiffs can proceed with their case!
Richard has represented lots of marines. In a recent case, a marine underwent surgery due to a bicycling accident.
He turned down the $50k offer from the insurance company. After they filed the claim, he was immediately awarded with more than $350k.
The loss of earning capacity gives value to a claim. Military personnel may still continue to receive paycheck. But when they procedurally file a claim, there is a section in pleadings that allows them to deal with such loss.
Medical expenses may not be great as well. In the recent case, they used an outside orthopedic to do the surgery.
For military personnel to obtain justice, the attorney can look at the case and the actual loss of earning capacity. In the recent case, the marine was likely to be promoted to lieutenant colonel.
He ended up covering that pay rate and retirement rate. A new job would have changed his benefits. Because of the accident, he missed the improved benefits.
To hear about Lost Earning Capacity Part 2 Military Plaintiffs, download and listen to the entire episode.
If you are short on time, here are the highlights of Lost Earning Capacity Part 2 Military Plaintiffs:
A valuable case? (2:53)
Being unfit for duty? (6:14)
Loss of future promotions? (7:22)
Proving the case? (12:11)
Military vs civilian plaintiff? (15:56)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
Bicycling and the Law
Richard L. Duquette
EP45 Lost Earning Capacity Part 1 General Principles
On today’s episode, Richard Duquette and Justin Nelson discuss Lost Earning Capacity Part 1 General Principles. In a bicycle case, the injured is entitled to more than just medical bills. There are a variety of compensable damages. Tune in to learn about the principles behind the issue to understand how to proceed with a case!
The first episode aims to present the general principles behind the loss of earning capacity. Richard recently handled a case for a marine bicyclist. The injured was offered $50k to resolve. But, the surgery on his shoulder affected his capacity to earn.
The second episode will discuss the effects of the loss to military plaintiffs. In the recent case, the arbitrator awarded the injured with more than $350k after the claim was submitted. It’s good to understand that loss of earnings is different from loss of earning capacity.
Damages can be classified as either special or general. Special damages are quantifiable pecuniary losses that may involve economical damages and the actual loss of wages.
Meanwhile, general damages are less quantifiable. They are uneconomical, which include pain and suffering, diminished quality of life, and emotional distress. Examples are loss of love, support, and companionship.
Loss of earning capacity falls under general damages. It requires certainty to make a valid claim. You can refer to Connolly v. Pre-Mixed Concrete 49 Cal 2nd 47 1957, Heiner v. Kmart Corp. 84 cal 4th 335 2000, and California Civil Code 3283.
It doesn’t leave room for speculation. For this, the attorney needs to present a sure loss in the future.
To hear about Lost Earning Capacity Part 1 General Principles, download and listen to the entire episode.
If you are short on time, here are the highlights of Lost Earning Capacity Part 1 General Principles:
A brief overview? (1:24)
Two damage categories? (4:27)
Wages vs earning capacity? (5:45)
How to present loss? (7:59)
Need for certainty? (9:53)
Areas of uncertainty? (10:48)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
Bicycling and the Law
Richard L. Duquette
EP44 Bicycle and Wrongful Death Part 3 Damages
On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 3 Damages with Justin Nelson. How do you value damages? What can surviving families do to strengthen the case? Tune in to this insightful talk!
It is difficult to value damages in a death claim. It comes with the question: How do you put value on human life? Still, the ultimate goal is to receive justice.
There are a number of ways to determine value or to analyze the impact of a wrongful death. One is by creating a theoretical value via academic studies and statistics. Other ways are by looking at jury verdicts and at the actual case itself.
The first way available is by referring to the law. The law serves as a guide in determining the type of damage. Damages can either be economical or uneconomical.
An example of an economical damage is when the family loses a breadwinner. Attorneys can use life expectancy tables to show what the family could lose.
They can also point to household services that the deceased used to contribute. Identifying the gifts and benefits is another way to show the economic effect.
As mentioned in the second part of this series, it’s good for the surviving family to be together. It establishes a high value for the case.
They can present positive factors, such as love and affection, to add value. Cards, letters, pictures, social media, and stories can help present a big picture.
To hear about Bicycle and Wrongful Death Part 3 Damages, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicycle and Wrongful Death Part 3 Damages:
Ways to analyze damages? (2:20)
Ways to look at actual case? (3:43)
Why grief can’t be compensated? (11:26)
More about economic damages? (14:19)
Young vs old deceased? (16:48)
Positive factors add value? (18:18)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
Bicycling and the Law
Richard L. Duquette
EP43 Bicycle and Wrongful Death Part 2 Who May Claim Damages
On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 2 Who May Claim Damages with Justin Nelson. Wrongful deaths cause extreme pain and stress to the surviving relatives. To maximize recovery, it’s important to keep them intact. Tune in to learn who are eligible and to understand how such cases can be resolved!
In a wrongful death suit, the plaintiff are the surviving relatives. It focuses on the losses they suffered instead of the damages to the deceased.
There are different classes of eligible survivors. The primary ones are the surviving spouse, children, offspring, and parents. You may refer to California Code of Civil Procedure 337.60 for the complete list.
Wrongful deaths cause much grief and loss. As Richard puts it, the goal of the attorney is to help protect the surviving family from any further losses, grief, discomfort, emotional trauma.
This is why they should seek an experienced attorney, who can help them identify the eligible survivors. Having one attorney for everyone in the family is advantageous. He can help especially when a conflict of interest comes up.
It also minimizes the trauma and economically benefits the attorney. Everyone in the family should be intact for equal sharing, happiness, and better way to receive justice.
To resolve, attorneys first identify the family members. They can get a conflict waiver if a conflict of interest exists. There should then be another attorney who can give an advise.
Having one attorney maximizes the overall damages. It is tactical and strategic to do so.
To hear about Bicycle and Wrongful Death Part 2 Who May Claim Damages, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicycle and Wrongful Death Part 2 Who May Claim Damages:
Classes of eligible survivors? (2:40)
What are the specifics? (5:28)
An experienced attorney? (6:30)
How to resolve? (8:14)
Why have one attorney? (11:03)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette