Lost Wages From a Car Accident

cartwrightlaw - February 13, 2024 -

Car accidents are a common occurrence on California roads. In fact, there were over 200,000 car crashes that required emergency treatment in California in 2020. Unfortunately, most of these incidents leave victims injured and unable to work due to injuries and continued hospitalization.

If you are involved in a car accident as a result of another person’s negligence, they are on the hook to pay for the resulting injuries and losses. That includes lost wages due to the injuries sustained, in addition to other incomes missed.

However, to make a successful claim for the lost income, you need to prove the car accident caused lost wages. A car accident lawyer from a top-rated San Francisco car accident law firm can help file your claim. Importantly, your attorney will help ensure proper computation of the lost wages for fair compensation.

What Constitutes Lost Wages?

Lost wages refer to the income an individual would have earned but could not due to an accident that left them injured. It’s commonly associated with situations where a person is unable to work or earn income as a result of an injury. This income counts from the day of the accident until the time you receive compensation through a legal verdict or insurance settlement.

Ideally, lost wages are different from compensation. This is because computation for lost wages considers all other financial benefits you were entitled to in addition to formal wages.

Can I Recover Lost Wages Following a Car Crash?

When injured in a car accident, it can be physically, emotionally, and financially burdensome. Recovering from a car accident often involves medical appointments, therapy, and rehabilitation. The time spent attending these sessions may lead to lost wages, as it takes away from regular working hours.

Usually, you can take steps to recover lost wages resulting from the accident by filing a personal injury claim. So long as you missed work due to injuries occasioned by the collision, you are eligible to recover lost wages.

Additionally, you may seek compensation for the aggravation of pre-existing injuries. This involves worsening of symptoms that were already present before the car accident. This exacerbation may lead to an extended recovery period so that you lose your income.

Lastly, you may recover damages for lost earning capacity after a car accident. This happens if the incident leaves you with a long-lasting disability that renders you unable to earn an income again in the future. You may also recover some damages if the disability leads to a reduced income than you earned earlier before the disability struck.

Proving Car Accident Lost Wages

You must prove that you actually lost wages after a car accident to be able to seek compensation. Demonstrating the actual monetary losses incurred due to an inability to work involves a professional approach, usually by a legal advocate. You can prove lost wages through the following ways:

Detailed Work Records

Keep meticulous records of missed workdays, including dates, hours missed each day, and any specific projects or responsibilities affected. An accurate log can help in calculating lost wages accurately.

Employer Verification

Seek verification from your employer regarding the missed workdays and the associated loss of income. Ensure you get a formal letter or statement from your employer on company letterhead, which can add credibility to your claim.

Also, maintain a record of any communication with your employer regarding the impact of the accident on your ability to work. Emails, text messages, or other correspondence can help strengthen your lost wages claim.

Pay Stubs and Tax Returns

Submit pay stubs or income statements for the period leading up to the accident to establish your regular earnings. Tax returns can also be supporting documentation to showcase your historical income levels.

Medical Documentation

Obtain medical records that explicitly state the necessity of time off work due to injuries sustained in the car accident. It’s prudent to obtain a note from your healthcare provider for evidence linking the injuries to the need for time away from work.

In complex cases, consider consulting a vocational rehabilitation specialist. These experts can assess your skills, work history, and the impact of injuries on your ability to perform job duties. Their professional opinion can strengthen your claim.

What To Do After a Car Accident?

After a car accident, seek immediate medical attention for the injuries sustained. This is crucial for your health, but it will also show the link between the incident and your injuries.

Next, report the car accident to the relevant authorities, such as the police, and obtain an official accident report. This document will be used by your lawyer as evidence of the accident and injuries when filing a claim.

Also, remember to exchange contact and insurance information with other parties to the incident. This information will be vital when communicating with insurance companies and other relevant parties.

If people witnessed the accident, obtain their contact information and statements. Their testimonies can strengthen your case when claiming lost wages.

If possible, take photographs of the accident scene, including the damage to vehicles and the surrounding environment. Visual evidence can greatly support your claim in establishing the circumstances of the accident.

Importantly, inform your employer about the accident and the resulting injuries immediately. Provide them with an estimated timeline for your recovery and discuss the process for taking time off work.

Don’t forget to file your claim within two years from the date of the injury. If you fail to file within this timeframe, you may jeopardize your ability to seek compensation for lost wages. A car accident attorney ensures adherence to California personal injury law and regulations to ensure that you handle the claim effectively.

Get Help From a San Francisco Car Accident Lawyer Today

Don’t be deceived into handling lost wage claims alone after a car accident. Though it might seem straightforward, a lost wage claim goes beyond the simple calculation of wages. At The Cartwright Law Firm, Inc., we bring over six decades of experience handling personal injury claims for car accident victims.

Our attorneys can help prove your claim and protect your legal rights. If you’ve been in a car accident that rendered you unable to earn an income, let us discuss your case at no charge. Contact us for more information today.