Can I Sue for Lost Wages After a Car Accident?

When you are involved in a car accident and are unable to work due to your injuries, it is important to understand that you may be eligible for reimbursement of lost wages. It is not uncommon for accident victims to miss time at work while they recover, and this can create financial difficulties.

In addition to covering your day-to-day expenses, you also have the added burden of medical bills and other costs associated with the accident.

Consulting with an experienced Fort Myers car accident attorney can help you navigate through the legal process and maximize your chances of receiving fair compensation for both current and future wage loss.

Wages Lost Due to an Accident

Lost wages, in the context of a car accident case, refer to the income or salary that an individual would have earned from their employer during the period they were unable to work due to injuries sustained in the accident.

Eligibility

To be eligible for compensation for lost wages, it is necessary to establish a direct link between the injuries suffered and the accident itself. This means providing evidence that demonstrates how the injuries prevented the individual from working and earning income. This also means providing proof of your past income through pay stubs and tax returns.

Proving Cause

In order to successfully claim lost wages, it is also essential to prove that any other event following the accident did not cause the inability to work. This can sometimes be challenging as insurance companies may try to argue that other factors or pre-existing conditions contributed to your inability to earn income.

However, an experienced personal injury attorney can help you overcome these obstacles so you have a better chance at receiving full compensation for the wages you would have earned had you not missed work.

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Loss of Future Income

Throughout the claims process, you may also come across another term known as “lost earning capacity.” Unlike lost wages, which specifically refer to actual earnings missed during recovery from an accident-related injury, lost earning capacity encompasses potential future income losses.

It takes into account any long-term effects of the injuries sustained in the accident that may limit your ability to earn income in the future. Your car accident attorney can work with financial experts to project a more accurate amount of income you will lose. This loss of future income might include:

• Adjustments for inflation or cost of living
• Loss of benefits
• Loss of retirement
• Loss of sick and vacation pay
• Loss of bonuses or commissions

Individuals who can demonstrate that their injuries prevent them from holding a job that earns as much money as before the accident may also be eligible for compensation for lost earning capacity. This applies even if the accident exacerbated a preexisting injury.

Calculating lost earning capacity is a complex process that takes various factors into consideration. Some of those factors are:

• Age
• Previous earning history
• Skills
• Standard of living enjoyed before the accident 

However, proving these claims can be challenging without professional assistance. That’s why it is advisable to seek the help of a car accident attorney so you can ensure that you have adequate support in securing fair compensation for lost opportunities.

Evidence You May Need to Prove Lost Income

To provide evidence of lost wages due to a car accident, you only need a handful of documents. Firstly, a doctor’s note stating your inability to work is crucial. This note serves as medical proof that you are physically unable to perform your job duties.

Additionally, your doctor may issue a disability slip that can be submitted to both your insurance company and employer, further supporting the validity of your claim.

Secondly, recent pay stubs play a significant role in proving the amount of wages lost. These documents demonstrate your regular income and serve as concrete evidence of the amount you typically earn. 

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What if I Don’t Have a Traditional Paycheck?

If you do not have access to pay stubs for any reason, such as being self-employed, last year’s tax returns can be used alternatively. Tax returns provide insight into your previous year’s earnings, serving as an accurate substitute for pay stubs.

Individuals with irregular incomes or those who work on a freelance basis may face difficulty using traditional methods to establish their earnings. In such cases, invoices or client correspondence can be utilized instead.

By showcasing these documents that reflect business transactions and negotiations with clients, you present an alternative way to demonstrate the typical wages you would usually earn in those circumstances.

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Contact a Car Accident Law Firm to Learn How We Can Help

Knowledge and perseverance are necessary to recover accident-related lost pay. Proving lost earnings can be a challenging process that requires careful planning and talks with insurance companies that are aiming to underpay.

You deserve peace of mind knowing your claim is in capable hands. At Viles and Beckman, we are dedicated to seeing injury victims made fully whole again through fair recoveries. Contact us for a consultation to discuss your case confidentially.

Regain control by working with a firm invested in your well-being and success after accidents beyond your control.

Call or text (239) 334-3933 or complete a Free Case Evaluation form