After a car accident, one of the biggest stresses is how to handle the lost wages if you’re unable to return to work. Injuries from an accident can prevent you from earning the income you rely on, causing a financial burden. Fortunately, lost income is a recoverable damage in personal injury claims. The process of recovering this compensation involves proper documentation and legal steps. At Hasbrook & Hasbrook, we specialize in helping clients recover both past and future lost earnings after a motor vehicle accident. We are committed to making sure you get the compensation you deserve.
What Constitutes Lost Wages in a Claim?
Lost wages are more than just the paychecks you miss while recovering from an accident. They include any income or benefits you lose due to your injuries. Whether you’re unable to work temporarily or your earning capacity is permanently affected, you may be entitled to compensation for lost earnings. Lost income can also include future earnings if your injury impacts your ability to work long-term. Understanding what counts as lost wages is important for getting a fair settlement.
- Salary, Hourly Wages, and Commissions: If you’re unable to work because of the accident, you can recover your salary or hourly wages. If you work on commission, this can also be included in your claim, as it directly affects your income.
- Lost Tips, Bonuses, and Promotions: Income from tips, bonuses, or promotions that you would have received if not for the injury is also recoverable. This is especially relevant for service workers or those in performance-based roles.
- Use of Sick Leave and Vacation Time: If you had to use sick leave or vacation time to cover the time you missed from work, this can also be considered part of your lost wages.
Documenting Your Lost Income
To recover lost wages, thorough documentation is key. Proper records help create a clear paper trail that supports your insurance claim. Without strong evidence, it can be difficult for insurance companies to assess the full extent of your lost income. Collecting the right documentation is a critical step in the claims process.
- Employer Verification Letter (Proof of Employment and Income): A letter from your employer verifying your employment status and income is essential. It should include your regular wages, the amount of time you missed, and the reason for your absence.
- Pay Stubs and Tax Returns (Pre and Post-Accident): Pay stubs from before and after the accident show your income history and can help demonstrate how much you’ve lost. You may also need to provide tax returns to show your regular earnings.
- Physician’s Statement Verifying Inability to Work: A statement from your doctor or healthcare provider is critical to verify that your injuries prevent you from working. This helps substantiate your claim for lost wages and demonstrates your inability to earn.
At Hasbrook & Hasbrook, we know that getting the right evidence and supporting documentation is essential for ensuring you receive fair compensation for your lost income. Our experienced personal injury lawyers are ready to help you through every step of the insurance claims process.
Calculating Future Lost Earning Capacity
If your injuries cause a long-term or permanent disability, you can claim a reduced future earning capacity. This is more than just missed wages; it’s about what you could have earned over your entire career. We look at how your injury limits your ability to work and earn.
- Vocational Expert Assessments: A vocational expert evaluates how your injuries affect your job skills. They provide testimony on your lost earning capacity and whether you can still work in your field.
- Economic and Financial Analysis Reports: We use your income statements, W-2s, and other records to project future losses. This includes lost overtime, commission, and even retirement benefits.
The Claims Process: From Documentation to Recovery
Getting your lost wages back requires careful work through the insurance claims process. You must prove your income and link your lost time to your medical treatment. We gather everything from pay stubs to doctors’ notes to build a strong case.
- Substituting Your Demand to the Insurance Company: We prepare a formal demand for your lost wages and other damages. This is sent to the auto insurance company to initiate settlement negotiations.
- Negotiating with Adjusters for Fair Compensation: Insurance adjusters often undervalue claims. We negotiate for a full settlement that covers all your lost income and damages for lost profits.
Common Challenges in Recovering Lost Wages
Insurance companies often create obstacles when reviewing claims for lost wages. They may question the severity of your injury or the need for your time off work. Be ready for these common tactics.
- Disputing Your Physician’s Medical Restrictions: The insurance provider might argue that your medical restrictions are too strict. They may use their own doctors to dispute your medical records and treatment plan.
- Delaying or Undervaluing Your Claim: Adjusters may delay the claims process or offer a low settlement. They might ask for endless wage verification forms or bank statements, hoping you will give up.
Why Legal Representation Matters for Wage Recovery
We ensure your lost wages are calculated correctly and fight for your full financial recovery. Dealing with an auto insurance company after a serious injury is difficult. We handle the legal action so you can focus on your physical therapy.
- Dealing with Insurance Company Tactics: We know how to handle tactics like delays and lowball offers. We protect your rights and push for a fair outcome in your third-party tort lawsuit.
- Maximizing Your Total Settlement Value: Our goal is to secure the maximum settlement for you. We fight for every part of your claim, from lost income to your pain and suffering.
Frequently Asked Questions (FAQs)
Can I recover lost wages if I’m self-employed?
Yes. We can use many documents to prove your loss of earning capacity. These include bank statements, tax returns, and proof of lost business opportunities. This helps us show your true lost income.
How long after an accident can I claim lost wages?
The statute of limitations gives you three years to file a lawsuit. You can claim wages from the date of your injury until you can work again. This includes time for surgery and physical therapy.
What if I used paid time off (PTO) during my recovery?
You may still recover the value of that time off. We consider this part of your lost compensation. We will include it in your overall insurance claim for lost wages.
Do I have to be fully unable to work to claim lost wages?
No. You can claim a reduced earning capacity. If your injuries force you to work fewer hours or in a lighter-duty job for less pay, we can seek compensation for those lost wages.
How are lost wages calculated for irregular income?
We look at your past earnings to find an average. This includes reviewing pay stubs, W-2s, and commission records. We fight for every dollar you would have earned.
What if the insurance company denies my claim for lost wages?
We will appeal the denial and fight on your behalf. Our attorneys are ready to handle settlement negotiations or file a third-party tort lawsuit if necessary.
Contact Our Personal Injury Attorney for Help With Your Claim
A serious injury causes more than just physical pain; it creates a major financial strain from lost wages and mounting medical bills. You should not bear this burden alone. Our experience is crucial for proving complex claims, such as lost earning capacity or future lost profits. We know how to document your claim and fight the insurance company for full compensation. Protect your financial future. Call us for a free consultation to discuss your car accident case and get the recovery you deserve.
