All auto injuries are inconvenient to some degree, but some impact victims worse based on the claimant’s job. This is especially true for active duty military personnel. Here are at least four ways that your auto claim is different relative to a non-military victim:
Lost Wages and Lost Future Wages/Lost Opportunity. The largest or second largest part of most claims involving professionals involves wage loss. Many attorneys, particularly those who were never in the military, do not understand the complexities that make milItary claims different. Active duty personnel continue to receive a salary, but promotions and boards may be delayed, and fitness tests failed when they are severely injured. Sometimes personnel are forced to retire early; a loss of 2.5% per year in their retirement calculation. For example, each year an officer is forced to retire early, he/she may be entitled to as much as $50k depending on rank (to compensate you for the difference over the course of your lifetime).
Anxiety and PTSD. This is the one insurance adjusters frequently get wrong. When you open a claim the adjuster will say “well, you had some pre-existing conditions.” I say: “That’s cute.” When the negligent conduct of their insured-tortfeasor exacerbates your anxiety and you experience episodes as a result, they are responsible regardless of if it was preexisting. This is especially true in servicemembers with severe PTSD or anxiety. Most medical journals say that treatment for this lasts 2-5 years and it typically costs more than $5,000 per year.
Pain and Suffering. Lingering back or neck pain does not dismiss you from leading subordinates in the military. You are expected to perform physically no matter what. Unlike other professionals who only exercise the quill and have the luxury of recovering at their desks, you must grit your teeth and perform. You are entitled to payments for this.
Leave (PTO). Leave is different for military personnel. In many units you can only take leave during certain periods called “block leave.” When the servicemember misses leave or their leave is hindered by a third party tortfeasor the associated damages are a hybrid of inconvenience, confinement, and mental anguish.
Remember that juries tend to like military personnel and your claim is more complex than the standard auto claim. I specialize in scoping out the intricacies of your case based on your military status and making the other side acknowledge your loss.
Apex Law brings unmatched intensity and energy to each case we handle. We’re often described as the “small-batch whiskey” of law firms. We focus on the merits of your case, communicate frequently, and present you with options. If you or someone you know needs an attorney in Missouri or Alabama to deal with an insurance adjuster put them in touch with Apex Law.
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