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Case
Studies
Many times self employed individuals
who are injured have difficulty in obtaining a fair settlement
from the insurance company for their loss wages or earning
opportunities. Bruce Funk has handled many clients who are self
employed and has been able to establish significant wage loss for
them.
Recently, Bruce Funk represented a
carpet contractor, who was unable to work for a six month period
due to his injuries. Through diligent investigation, Bruce Funk
was able to establish a $65,000.00 wage loss to the satisfaction
of the insurance company.
Bruce Funk consulted on a case
involving a general contractor, who was unable to work for
approximately nine months. After becoming involved in the case,
Bruce Funk was able to persuade the insurance company to raise
their settlement offer from $21,000.00 to $99,000.00 based on a
substantial wage loss.
Please see examples of Standard
Jury Instructions below:
BAJI 14.00
Compensatory Damages—Personal Injury and Property Damage – Introductory for General Verdict
If, under the court’s instructions, you find that [a] plaintiff is entitled to a verdict against defendant[s], you must then award [such] plaintiff damages [, economic and non-economic,] in an amount that will reasonably compensate for each of the following element of claimed [injury] [damage] [loss] [or] [harm] [subject to being reduced, as you will be instructed, if you should find that the plaintiff was contributorily negligent], provided that you find that such harm or loss was [or will be] suffered by plaintiff and was [or will be] caused by the act or omission upon which you base your finding of liability.
[The term economic damages means [objectively verifiable] monetary losses including [medical expenses,] [loss of earnings,] [burial costs,] [loss of use of property,] [costs of [repair] [or] replacement,]] [costs of obtaining substitute domestic services,] [loss of employment] [and] [loss of business or employment opportunities.]
[The term non-economic damages means [subjective,] non-monetary losses including, but not limited to [pain, suffering, inconvenience, mental suffering, emotional distress,] [loss of society and companionship,] [loss of consortium,] [humiliation] [and injury to reputation].]
The amount of such award [including economic and non-economic damages] shall include:
BAJI 14.11
Measure of Damages—Personal Injury—Loss of Earnings
The reasonable value of working time lost to date.
In determining this amount, you should consider evidence of plaintiff’s earnings and earning capacity, how [he] [she] ordinarily occupied [himself] [herself], and find what was reasonably certain to have been earned in the time lost if there had been no injury.
[One’s ability to work may have a monetary value even though that person is not employed by another.
[Also, the reasonable value of services performed by another in doing things for the plaintiff which, except for the injury, plaintiff would ordinarily have performed.]
[This is economic damage.]
BAJI 14.12
Measure of Damages—Personal Injury—Loss of Earning Capacity
The present cash value of earning capacity reasonably certain to be lost in the future as a result of the injury in question.
[This is economic damage.]
BAJI 14.13
Measure of Damages—Personal Injury—Pain and Suffering
Reasonable compensation for any pain, discomfort, fears, anxiety and other mental and emotional distress suffered by the plaintiff and of which injury was a cause [and for similar suffering reasonably certain to be experienced in the future from the same cause].
No definite standard [or method of calculation] is prescribed by law by which to fix reasonable compensation for pain and suffering. Nor is the opinion of any witness required as to the amount of such reasonable compensation. [Furthermore, the argument of counsel as to the amount of damages is not evidence of reasonable compensation.] In making an award for pain and suffering you shall exercise your authority with calm and reasonable judgment and the damages you fix shall be just and reasonable in the light of the evidence.
[This is non-economic damage.]
DISCLAIMER: Every case has it's
own particular set of facts, circumstances and applicable law.
Past success does not guarantee future success on these issues.
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