On Christmas Eve, our client Ellen was a passenger in a vehicle being driven by her husband traveling down Five Mile hill in Spokane. The road was icy and, even though he was driving cautiously, Ellen's husband lost control and slid into a curb. They both exited the vehicle to inspect for any damage. As they were walking around their car, another vehicle came down the same hill at a high rate of speed and lost control. This vehicle slammed into Ellen and launched her over the embankment and down the hill, knocking her unconscious. Our client's husband rushed to her side, believing she had been killed. Ellen fortunately regained consciousness, but she needed to be transported to Sacred Heart hospital with multiple injuries, including a brain injury. 

The driver who hit Ellen was insured by Progressive for the minimum amount, leaving Ellen with significant amounts of unpaid losses. Ellen had underinsured motorist coverage (UIM), but this coverage was with State Farm, an insurer notorious for undervaluing soft tissue injury claims. Ellen was an elementary school teacher, and because of her brain injury, her ability to teach students was affected. For a certain period of time after the crash, she could not work at all. When Ellen came back to work, she could only work part time. We knew that State Farm was likely to challenge any loss of earnings claim beyond the initial time period after the crash. In close consultation with Ellen, we worked on her loss of earnings claim. As part of the claim, we included the automatic pay raises that teachers receive annually. Following our extensive loss of earnings calculations, along with medical treatment and a summary of Ellen's injuries, we submitted the UIM claim to State Farm. The insurer responded and said they would pay Ellen the full UIM policy limits. 

Even though you and your loved ones may be cautious drivers in the winter, many other drivers are not. This is why it is important to protect yourself and make sure that your uninsured/underinsured coverage is sufficient to cover any losses from a crash that is not your fault. If the unexpected does happen, it is necessary to find a law firm that can help you calculate all your losses from a crash, such as the complicated earnings losses that occurred in this case.