Car Accident Claims and Lost WagesAdmin2021-07-29T12:37:57+00:00
Car Accident Claims and Lost Wages
Making a Lost Wages Claim
A car accident is traumatizing for anyone; the impact alone is scary, and we aren’t used to seeing metal debris from our personal vehicles strewn all over the road. The wailing sirens and flashing lights are even worse when your accident is accompanied by bodily injuries.
Bodily injuries sustained in a car crash can be severe and require surgery and months of rehabilitation. Depending on the force of the impact, your injuries can be so serious that you cannot return to your everyday life, and you may even have to take time off work. In these cases, hiring an accident injury attorney in Los Angeles is key.
Immediately following a car accident, you should call law enforcement and emergency medical help to the scene. An officer will interview witnesses and examine the scene to set a precedent for who is at fault for the accident. Emergency responders will examine and treat you for any injuries. This will also serve as a record for your bodily injuries.
One of the first things you should do is contact a car wreck lawyer Los Angeles to support you as you move through the claims process. A lawyer will be well-versed in getting compensation for any property damage or bodily injuries you sustained.
What Are Lost Wages?
The wages that you are no longer earning because you cannot work are called lost wages. An accident injury attorney will be able to help you calculate these earnings and claim them in court.
You are eligible for lost wage compensation whether you have a full-time or part-time job. Income loss is not included in the average personal injury settlement formula that’s often applied to special damages. Instead, your lost wages are usually added onto the total amount of damages you are claiming.
Lost Wages as Part of Your Damages
As the victim of a car accident for which you were not at fault, you can recover any lost wages that resulted from the accident. If your injuries are so severe that you have trouble moving, then you may have to take time off work, depending on your job.
If you are a warehouse worker or a server, then you must be able to stand for long periods of time and lift heavy objects. In the event that your injuries keep you from doing that, you will have to take time off the job.
Even if you have a desk job that doesn’t require mobility, you can have debilitating psychological injuries like PTSD or short-term memory loss. If your trauma is severe enough that you cannot do your job the way you did before the accident, you can be eligible for lost wage compensation.
Lost Earning Capacity
It’s possible that your injuries will not completely stop you from doing your job. However, permanent or long-lasting disabilities can affect your ability to earn money and can be referred to as damages for “lost earning capacity.”
Even if you can still perform your job duties, you can recover lost earning capacity if the disability prevents you from having a higher paying job or from earning as much commission if your job is in sales. If you cannot go to as many sales conventions or trade shows, you can add to wages lost as part of your claim.
Chronic pain and general loss of stamina make up common lost wages claims.
How to Prove Lost Wages
After your accident, keep track of all medical bills from your surgeries, doctor’s appointments, and treatments following the accident. This will serve as evidence of the severity of your injuries.
Your medical bills will not be included in your lost wages claim, as they are part of the bodily injury claim.
When arguing for compensation for lost wages, your auto accident lawyer will need to prove how much money you have lost. If you have a salaried job, this can easily be proven by presenting the paystub from the pay period before you were injured. If you are self-employed, you and your attorney can calculate how much you would have earned if not for your injuries by presenting your earnings from the same time period of the previous year.
To provide evidence of your lost earnings, you can have your employer testify to your work ethic. They can tell the courts about your character traits and work habits, as well as any expressed desire to be promoted.
You should not undergo any unnecessary stress while you recover from your injuries. The lengthy legal battle that follows a car accident can be fought by your auto accident attorney in Los Angeles. Grey Law is a Los Angeles car accident law firm that can fight for maximum compensation for your injuries.
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