Proving Lost Wages After A Car Accident
Missings wages from work is an essential part of negotiating a fair compensation package in a personal injury lawsuit. Lost wages, just like medical bills and physical pain, are not the only ways that a car accident can negatively impact you. If you have endured severe injuries such as broken bones or needed a lengthy stay in a hospital, you will most likely be excused from work by your physician. Even if you didn’t suffer a serious physical injury, your physical or emotional state might still leave you incapable of returning to work for quite some time. If you are forced to miss time at work because of a car crash that was caused by another person, you are legally entitled to be reimbursed for your lost income.
In automobile accident cases, lost wages are usually made recoverable by filing an insurance claim against the at-fault person’s insurance company or your own insurance company, in the event that you are making an uninsured/underinsured motorist claim.
Types of Lost Wages
- Past lost wages: These are exactly what they sound like. If you were injured in a car crash and your physician excused you from work, and you were not paid for that excused time, you can recoup that income in your personal injury lawsuit.
- Future lost wages: Future lost wages can become a factor if you receive catastrophic injuries like severe disc injuries, broken bones, or some kind of paralysis, and a physician states that you will be permanently disabled, given your medical condition.
- Diminished earning capacity: This is a form of lost income that refers to someone able to go back to work but not to the extent he or she was able to prior to the accident.
How to Prove Lost Wages
In a car accident or a personal injury claim, lost wages will not be able to be recovered unless you can offer proof, usually in the form of documentation from your previous employer or other expert testimony.
Some ways to demonstrate your lost wages are:
- A formal letter on company letterhead with your superior signing off on the amount you are claiming
- A form for lost wages filled out by your Human Resources Department
- Bank statements and tax returns (especially useful for independent contractors and self-employed individuals)
- Written statements from clients stating that you were unable to perform the job (also a good way to establish lost income for those who are self-employed)
- Proof of previous earnings like pay stubs or even bank statements
If you or someone you love has been injured in a car accident for which they were not liable, then the legal team at Will Ferguson & Associates is here to help you. Our personal injury attorneys have the necessary experience and persistence to get you the maximum amount of financial compensation to which the law says you are entitled. If you would like a free consultation with one of our diligent personal injury attorneys concerning a personal injury lawsuit, then please give our offices a call at (505) 243-5566 and schedule your appointment with us today.