Gender gap with personal injury claims still persists

In most cases, future loss of income can be difficult to calculate, so a good lawyer tries to obtain a compensation amount that leaves the affected person in a financial position where they would have been without the impact. from an accident. Unfortunately, calculating damages in personal injury claims for men and women is an issue where significant disparity persists, often due to gender stereotypes and outdated assumptions.

The fundamental problem with the calculation models used by many law firms is that most of these “models” are based on outdated assumptions. Although on the one hand, the calculation of potential lost earnings is applied more liberally to women, based on the assumption that women live longer than men, these calculations are always made by applying a discount that reflects this possibility. takes into account that women women stop working, even for their injuries, in order to take care of family affairs.

This results in compensation amounts that cover a lower amount due to these exemptions when the victims of a personal injury incident are women.

Although today it is expected that a woman may take time off from work (whether due to circumstances that indicate motherhood or not), the compensation waiver is felt to be particularly high, as it no longer covers the percentage of return to work. does not accurately reflect (75% for the Office of National Statistics) nor the fact that women are now returning to work more effectively as some parental and personal responsibilities are becoming more evenly distributed.

Previous guidelines also made a specific distinction between the sexes, on the basis that it would be more painful for a woman to have a scar than for a man. In the final version published in 2017, this distinction has been removed, indicating the potential for a new approach that removes unnecessary gender distinctions that allow one to obtain legal compensation that is commensurate with their actual circumstances. happens, not a subjective assessment.


Yossi Yahoudai is the founder and managing partner of J&Y. His practice primarily consists of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits involving dangerous conditions of public property, criminal conduct of third parties, and intentional damages. She also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned a Bachelor of Arts from the University of California and is admitted to practice in all California State Courts and the United States District Court for the Southern District of California. If you have any questions about this article, Yosi can be contacted at by clicking here.



Source link

Leave a Comment