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Lost Earning Capacity Part 2 Military Plaintiffs
Manage episode 185238005 series 1530160
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!
Entitled to Receive MoreRichard 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.
A Valuable CaseThe 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.
Loss of Promotion BenefitsFor 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)
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