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Personal Injury Attorney San Diego Describes Red Flags in Your Claim

This entry was posted on Wednesday, September 2nd, 2015

Posted in News & Articles | Posted by:

gavel next to stethoscope Personal Injury Attorney San DiegoEvery San Diego personal injury attorney knows that with insurance adjusters loss of earnings as part of any claim raises many red flags. Is the loss quoted net or gross? What does the claimant do to earn a living, and does it come from a regular paycheck or from self-employment? Are clear, complete records of earnings available? Most problems with earnings records affect the self-employed; employees with regular salaries have verifiable records maintained by their employers.

An injured party is obliged to mitigate damages, a San Diego personal injury attorney reminds claimants. If possible, a self-employed accountant, contractor, doctor, lawyer, or whoever disabled by injury must employ a substitute. The injured self-employed individual simply cannot suspend service, stop work, and accumulate damages for loss of earnings. Without a substantial difference between the expense of an available substitute and that of the hiring injured party, the usual loss of earnings is what the client or customer pays the substitute.

The loss of earnings must relate to the verifiable injuries, and medical reports must prove that the injured party cannot work as usual due to the disabling injury. There must be reasonable connections between the injury, the duration of full or partial disability, and the length of time out of work.

At the same time, unnecessary treatment would extend the time lost from work improperly. The adjuster would question excessive treatment and time away from work. If not already claimed, are such periods capable of accurate estimation or are reliable records available?


For both medical and lost income purposes, certain occupations are suspect as part of any claim:

  1. taxi drivers,
  2. truck drivers,
  3. iron workers,
  4. ambulance drivers,
  5. doctors,
  6. lawyers,
  7. policemen, and
  8. actors and musicians.

Fraudulently staged accidents often use rental vehicles; therefore, any involvement of rental cars demands additional attention from adjusters.

Before challenging claim components, adjusters initially determine whether their policies cover claimant cases. If they do, the adjusters study important case facts in financial terms. If some claims do not seem to fit the facts of an incident, the adjuster will question them. If part of the claim seems to have no explanation, the adjuster treats it as suspicious. Such suspicions make the case harder for a San Diego personal injury lawyer to resolve successfully.

Consult a San Diego Personal Injury Attorney

If there are reasons for concern about red flags that might arise during the course of a claim, call a San Diego Personal Injury Attorney at 619–235–4300 to schedule a free initial case consultation.