How are future damages calculated in a personal injury claim?
Question Details: Just a couple of days before I was in a car accident, I was up for a promotion for a higher paying position. After the accident, it was unclear when I'd be able to fulfill the physical duties of the position and the position ended up going to someone else. I was sure to get the position and would have made $2.60 per hour more. How is this calculated in a personal injury claim?
You will not be able to get anything for the potential promotion, based on what you write. You indicate that you were "up for a promotion"--that is, while you might have gotten it, you might not have, too. There is no right to or guaranty of promotion unless you have a written contract for a specific period of time (e.g. a one-year, two-year, etc.) contract guarantying it. The employer could have decided to not promote you for any of a number of reasons. You cannot prove in court that you would have gotten the promotion in the first place, and second, that if you did not get, the only reason was your injury; therefore, you will not be able to recover for this.