Red Flags for Claims Adjusters: Loss of Earnings and Occupation

Although an insurance adjuster will look at everything in a claim, a Michigan motorcycle accident lawyer can explain that the loss of income due to the injury sustained will be a primary factor in any settlement offer. Many specific factors are scrutinized.

General Considerations

Initially, the loss of earnings must be weighed against the verifiable injuries and the medical reports must confirm the fact that the claimant cannot do his or her job. A Michigan motorcycle accident lawyer will counsel you that it is not enough to be injured; you as the claimant must be unable to do your job, either completely or partially. There must be a relation between the injury, the length of full or partial disability and the time lost from work.

Is the Claimant Salaried or Self-Employed?

Typically, salaried people have verifiable records, and while those records must be documented by the employer, this is often accomplished with little difficulty. However, every claimant has a duty to mitigate the damages, which in the case of a self-employed person may require the hiring of a replacement. Your Michigan motorcycle accident lawyer will explain that one cannot merely sit by and allow loss of profit to build up. If the replacement can do the job the claimant has done reasonably to the same competence, the usual loss of earnings is the amount paid to the replacement.

Overtreatment

Extended absences from work may present an issue of concern from an adjuster if overtreatment and/or unnecessary treatment is the cause. The best way to avoid such concern is to provide detailed medical records and reports.

Occupations

The nature of certain occupations will almost always heighten examination of the claim by the adjuster. Typical red flag occupations include taxi drivers, truck drivers, ambulance drivers, doctors, lawyers, policemen and actors and musicians.

A detailed and well-presented claim often is the difference between a low-settlement offer and one that is truly reflective of all of your losses.The Law Office of Christopher Trainor & Associates, a Michigan motorcycle accident lawyer team, offers a free, no-obligation consultation. Call 800-961-8477 today.