Simon Law August 2019

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HOWDO I GET LOSTWAGES INAN INJURYCASE? Law in Real Life Determining the amount of wages you lost as a result of your injury is easier than determining the costs of your medical care, due to recurring tax and payment documents. This means your wages can be “proven with specificity,” unlike medical treatments, which can vary by doctor, hospital, and treatment. ( Note: Those who are paid in cash have fewer tax documents, and some may not even be paying taxes. Courts may throw out lost wages claims from those paid in cash if the evidence is not rock-solid.) Despite the court’s ability to comb through tax documents to determine lost wages, the situation is not black and white. A recent Georgia personal injury case added some clarification. The plaintiff, in this case, was stopped at a red light when an employee of the defendant rear-ended her vehicle. The plaintiff’s injuries were severe and included whiplash, wrist complications, and a bruise on her face. The plaintiff claimed this exacerbated her previous back complications. Prior to this, the plaintiff was a full-time cashier at Walmart, and part of her responsibilities required her to stand for long periods of time. The plaintiff claimed her injuries required her to sit on a stool more often at work, and that she was working fewer hours. However, the defendant’s evidence showed a national decrease in hours worked by Walmart employees, which correlated with an increase in hourly wages. The defendant also claimed the plaintiff could not prove that Walmart reduced her hours because of the injury. In response, the plaintiff argued that her physical limitations following the accident were permanent and would limit her future income. Instead, the court found that evidence of the plaintiff’s future lost wages was too speculative and not concrete. Ultimately, a higher court backed up the lower court’s findings, adding that the plaintiff was still able to work full-time and that her lost wages were not proven with “reasonable certainty.” The plaintiff was still awarded $330,000. Accident victims deserve proper compensation, but the court’s recent finding rings true to legal precedence. Thankfully, the court offers victims other avenues for compensation if they are unable to prove lost future wages. Don’t let an injury keep you down. If an injury has left you or a loved one unable to work, call The Simon Law Firm at 404-259-7635 for your free consultation. How do employees prove lost wages?

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Roasted Corn Salsa

Corn is plentiful during the summer months, and this easy-to-make salsa is sure to be a hit at your next get-together.

INGREDIENTS

2 medium ears of corn, shucked 1 jalapeño or Fresno chile, seeded and thinly sliced

1 large tomato, cored, seeded, and finely chopped 1/4 bunch cilantro leaves, sliced

1/2 red onion, diced

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Juice of 1 lime

Kosher salt, to taste

DIRECTIONS 1. Heat a cast-iron skillet to high. Char corn, turning occasionally, for 10–14 minutes until kernels begin to blacken in spots. 2. Using a sharp knife, remove corn kernels from cobs and transfer to a large mixing bowl. 3. With a wooden spoon or potato masher, gently crush corn to release starch and juices. 4. Add jalapeño, onion, tomato, and cilantro. Mix to combine.

5. Top with lime juice and season with salt. 6. Serve alongside your favorite tortilla chips.

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