Car accidents can have significant consequences. The impact on physical, emotional, and financial health can affect every part of a victim’s life. You may experience profound financial difficulties if your injuries prevent you from working. When the other party involved in your accident is even partially at fault, you may be able to seek compensation for your lost wages. Let’s discuss lost wages, the effects of serious injuries, and what you can do to recoup your financial damages.
What Are Lost Wages?
Many car accidents result in injuries that are so severe that the injured party cannot work during recovery. “Lost wages” refers to the money you would have earned had you not been involved in the accident. A lost wages claim aims to recover the income you could not earn due to your injuries.
You may lose wages because your injuries prevent you from performing your regular duties. Another reason that car accident victims lose wages is due to time spent receiving treatment or recovering from surgery. In addition, follow-up appointments can overlap with your work schedule, forcing you to take time away from work.
Potential Employment Consequences of a Car Accident
Unless you have generous sick leave or (Paid Time Off) PTO, you may not earn any wages for time spent dealing with your injuries. Even if you have PTO, severe injuries may take so long to heal that you use all your paid time. Being away from work can be particularly devastating for freelance and contract workers who do not have sick leave.
Furthermore, car accident victims who do not have union contracts may only have a couple of weeks of leeway before their job security is in jeopardy. If your injuries take several months to heal, you may be fired, particularly if the company cannot function properly without someone in your position.
Can You Receive Compensation for Lost Wages in California?
In California, if the other party involved in your accident is wholly or partially at fault, you can seek compensation for lost wages. Lost wages are typically included in the economic damages you can recover in a car accident lawsuit. Other economic damages can include medical expenses and property damage.
It’s important to note that even if you are partially liable for the accident, you can still seek compensation for lost wages. However, your compensation will be reduced by the percentage of your fault. For example, if your percentage of fault is determined to be 30% and your total compensation is $100,00, you will only receive $70,000.
Eligibility for Lost Wages Claims
When calculating your lost wages, hourly wages, salaries, commissions, bonuses, and tips should all be considered. You may also be compensated for sick leave or PTO days used as those employment benefits are no longer available. It can be challenging to prove the different types of wages, particularly bonuses, commissions, and tips, which are more variable than hourly wages and salaries.
You must show proof of similar rewards in previous months and years for bonuses. If you were on track to qualify for specific bonuses or commissions, you must supply documentation to support your claim. In terms of lost tips, you must show a record of your average tips over the months or years at your job. Other forms of lost income include annual raises, promotions, overtime, and any wage increases.
Lost Earning Capacity
Sometimes, the injuries resulting from a car accident are so catastrophic that they affect the injured party’s ability to work in the future. After reaching the point of maximum recovery, you may have permanent disabilities or chronic pain that prevent you from performing your job. Sometimes, you may need to change careers or take on a less senior role.
You can also seek compensation for lost earning capacity if the accident exacerbated injuries or illnesses. The symptoms of conditions like fibromyalgia and scoliosis can be worsened by car accidents, making it even more challenging to work. Depending on the severity of your injuries, you may never be able to work again, permanently impacting your financial stability.
The changes in earning capacity can also affect the people you are financially responsible for, such as spouses, parents, and children. The impact of lost wages can have significant ripple effects that can be difficult to calculate accurately. Your attorney will make these calculations for you and pursue appropriate compensation to ensure you and your family are cared for.
Professional Legal Support
Car accident attorneys play a crucial role in seeking compensation for lost wages. As discussed, they will make all the necessary calculations to secure sufficient compensation. Your car accident attorney’s experience also gives you access to expert witnesses who can help substantiate your claim. Doctors, accident recreation specialists, financial advisors, and disability experts can all testify in your case to prove the extent of your injuries and subsequent economic impact.
Professional Legal Representation
With decades of experience in personal injury law, HHJ Trial Attorneys has the skill, specialized knowledge, and contacts to support you throughout your car accident claim. No matter the extent of your damages, we can help you seek compensation to secure your future financial security. Contact HHJ to schedule your free consultation.
