Lost Wages After a Car Accident: Can You Recover Compensation?
A car accident can leave you with not only physical injuries but also financial burdens, especially if you are unable to work due to your injuries. Lost wages can significantly impact your ability to pay for medical bills and everyday expenses. Fortunately, if another party was responsible for the accident, you may be able to recover compensation for your lost income.
What Are Lost Wages?
Lost wages refer to the income you are unable to earn due to injuries sustained in a car accident. This can include:
- Regular Salary or Hourly Wages – The money you would have earned if you had been able to work.
- Bonuses and Commissions – If your income structure includes performance-based bonuses or commissions, you may be entitled to recover the amount you would have reasonably earned.
- Sick Days and Vacation Time – If you had to use paid time off (PTO) to recover from your injuries, you may be eligible for compensation.
- Self-Employment Income – If you are self-employed and your injuries prevented you from running your business or completing client work, you can seek compensation for lost profits.
- Loss of Earning Capacity – If your injuries are severe and affect your ability to work long-term or permanently, you may be able to recover damages for diminished earning capacity.
How to Prove Lost Wages After a Car Accident
To successfully claim lost wages, you need to provide clear documentation proving your inability to work and the income you have lost. Essential evidence includes:
- Medical Records – A doctor’s diagnosis and treatment plan should show that your injuries prevented you from working.
- Employer Verification – A letter from your employer detailing your normal work hours, pay rate, and time missed due to the accident.
- Pay Stubs or Tax Returns – Documents that establish your earnings before the accident.
- Self-Employment Proof – If you are self-employed, invoices, contracts, and profit/loss statements can help demonstrate your lost income.
- Expert Testimony – If your injuries have long-term effects on your ability to work, an economic expert can help calculate future lost earnings.
Types of Compensation for Lost Wages
Depending on your insurance coverage and liability laws in your state, there are several ways to recover lost wages after a car accident:
1. Personal Injury Protection (PIP) or Medical Payments Coverage
- If you live in a no-fault state, your PIP insurance may cover lost wages, regardless of who was at fault.
- Some policies include coverage for lost wages up to a specific limit, often a percentage of your income.
2. Liability Insurance Claim Against the At-Fault Driver
- If another driver was at fault for the accident, you can file a claim against their liability insurance.
- The at-fault driver’s insurance should cover lost wages along with medical expenses and property damage.
3. Uninsured/Underinsured Motorist (UM/UIM) Coverage
- If the at-fault driver does not have insurance or has insufficient coverage, your UM/UIM policy may help cover lost wages.
4. Workers’ Compensation (If the Accident Happened on the Job)
- If you were driving for work-related purposes when the accident occurred, you may be eligible for workers’ compensation benefits, which can include lost wages and medical coverage.
5. Filing a Personal Injury Lawsuit
- If insurance does not fully cover your lost wages, you may need to file a personal injury lawsuit against the at-fault driver.
- A lawsuit may also seek compensation for pain and suffering, emotional distress, and future lost earning capacity if you are permanently unable to work.
How Much Compensation Can You Recover?
The amount of compensation you can recover depends on factors such as:
- The severity of your injuries
- The length of time you are unable to work
- Your pre-accident income
- Whether you have a permanent disability affecting your earning potential
- The at-fault party’s insurance policy limits
If your injuries prevent you from returning to your previous job, you may also be entitled to compensation for vocational training or rehabilitation to transition into a new career.
Challenges in Recovering Lost Wages
Insurance companies often try to minimize payouts, which means they may:
- Dispute the severity of your injuries
- Argue that you could have returned to work sooner
- Require extensive documentation before approving your claim
- Offer a low settlement amount that does not fully cover your losses
If you face difficulties in recovering lost wages, an experienced vehicle crash lawyer in Fort Worth can help you negotiate with insurance companies, file an appeal if your claim is denied, or take legal action if necessary.
What to Do If the Insurance Company Denies Your Claim
If your claim for lost wages is denied, consider taking these steps:
- Request a Written Explanation – The insurance company must provide a reason for the denial.
- Gather Additional Evidence – Obtain more documentation to support your claim, such as additional medical records or a second opinion from a doctor.
- File an Appeal – If you believe the denial was unfair, you can formally appeal the decision with the insurance company.
- Consult an Attorney – A personal injury lawyer can help you challenge the denial and seek the full compensation you deserve.
Recovering lost wages after a car accident is critical to maintaining financial stability while you heal. Whether through insurance claims or legal action, you have options to secure the compensation you need. To ensure you receive the full amount you are entitled to, it is advisable to consult with a skilled car accident attorney who can guide you through the claims process and advocate on your behalf.
Have you lost income due to a car accident? Contact a Fort Worth-based personal injury lawyer today to discuss your options and protect your financial future.