Lost wages are often a significant part of the damages that occur when a person is injured in a car, truck, or motorcycle collision. Our car accident lawyers have developed a strong reputation in Virginia as The Car Crash Experts. We’ll help you with all aspects of your personal injury claim arising from a car accident that wasn’t your fault, including recovering compensation for your past and future lost wages.
KEY TAKEAWAYS
- If you’ve been injured in a car accident that wasn’t your fault, the other driver’s insurer is responsible for compensating you for past and future lost wages caused by the accident.
- Self-employed individuals may need to provide more financial documentation to prove lost wages than people with hourly or salaried jobs.
- Our personal injury attorneys can help you collect and present all necessary documentation to recover as much compensation as possible.
How To Calculate Lost Wages After a Car Accident
If you took time off work after an accident, you may be eligible for wage reimbursement along with other compensation. Lost wages can be simple or complicated to calculate, depending on where you’re employed, how you’re paid, and what benefits you have from your employer.
In a typical case, we’ll send a form to your employer asking them to explain in writing how much time you’ve missed from work and how much money you’ve lost as a result. Most employers are cooperative with this process. The form is necessary because insurance companies usually won’t reimburse your lost wages without documentation. If your employer verifies that you lost wages or will in the future, you will have a better chance of being fully compensated for lost wages stemming from physical and psychological injuries.
Required Documentation To Claim Lost Wages
To prove that you’ve lost wages due to an injury after a car accident, you may need documentation like pay stubs, tax returns, contracts, employment and wage verification, and medical records, depending on your job and what the insurance company requests. Cooper Hurley Injury Lawyers can help you reach out to your employer to ensure you have all the correct documentation to file a claim.
In order to recover compensation for lost wages, you’ll have to prove that your injuries are directly related to the accident. Expert witnesses specialized in finance may also be necessary to estimate what you would’ve earned if it weren’t for the injury. You may also be able to recover funds for lost tips and non-salary benefits. Further, comparing your paychecks from before and after the injury is one of the easiest ways to prove the extent of your lost earnings.
If you’re self-employed, you’ll need to submit proof of what you normally would have earned in the time period in question. For example, submitting invoices from the same months in previous years can go a long way in proving your lost income.
Who Pays Lost Wages In a Car Accident?
When someone else was at fault for your car accident, they or their insurer are usually responsible for paying for your resulting financial losses, including medical bills, lost wages, and property damage. They may also be liable for compensating you for non-economic damages like pain and suffering.
If the accident left you with a permanent or long-lasting disability, you may also be able to recover damages for lost earning capacity. This is an option if your disability prevents you from securing a higher-paying job than you could have had before. Injuries that result in chronic pain or significant loss of stamina and endurance may qualify as disabling injuries. Additionally, if the accident made a pre-existing injury worse to the point where you can no longer work, this could also qualify you for compensation for lost wages and earning capacity.
How Long Does It Take To Get Lost Wages From a Car Accident?
The time it takes to recover lost wages depends on the unique factors of your case. While we aim to resolve cases quickly, we want to ensure you get the full and fair compensation you deserve, including all lost wages. Personal injury cases generally take a few weeks or months to resolve, depending on factors like the severity of the accident, the extent of your injuries, involved employers, insurer cooperation, and more. Most cases settle out of court, but, if your case goes to trial, the court’s schedule, jury selection, and trial proceedings can extend the timeline.
The biggest litigation battle after a car accident involving serious injuries is often the nature and extent of damages rather than who’s at fault. The at-fault driver’s insurer may question the extent of your injuries and lost wages. An experienced personal injury lawyer can negotiate with insurers on your behalf, advocate for your interests, and strive to recover fair compensation.
Claiming Lost Wages If You’re Self-Employed
If you’re self-employed or work on a commission basis, calculating lost wages after a car accident may be more difficult. The simplest way to prove lost wages for a self-employed worker is often to gather their previous tax returns and compare them to the tax return for the year of the injury. This may not yield a perfect estimate of what you’ve lost, but it’s a good starting point.
With more long-term injuries, there’s the additional question of proving future lost earnings. This sometimes requires collaboration with vocational experts and even an economist. The idea is to show that either you lost a well-paying job that you won’t be able to replace or that you lost access to other jobs because of limitations resulting from your injuries.
Again, receiving compensation for lost wages—both past and future—can be complex for a self-employed worker. Chances are you’ll also have lots of other questions after a car accident. Working with our expert attorneys will give you the best chance of recovering as much compensation as possible after your accident.
If You’ve Lost Wages Due To a Car Accident, Contact The Car Crash Experts Today
Whether you lost wages after a car accident or want to know if your personal injury settlement is taxable, the Car Crash Experts at Cooper Hurley Injury Lawyers can help. Our team of top-rated attorneys boasts nearly 130 years of combined legal experience and an exceptional winning streak. We have secured tens of millions of dollars in compensation for our clients, including Virginia’s largest reported car accident recovery of $6.5 million in 2020.
With our dedication to client satisfaction, we set a statewide standard for exceptional customer service and unwavering commitment to injured Virginians. We represent people, not insurance companies. Schedule your free case evaluation by filling out our online contact form or calling (757) 333-3333. We are here to answer your questions and make sure you know your full legal rights and options.
