Car accidents happen when you least expect them, even if you are a safe and responsible driver who follows the rules of the road and makes safety a top priority. If another motorist is under the influence of drugs or alcohol, driving while distracted, speeding, or engaging in unsafe or reckless driving behavior, you could be the victim of a severe car accident. In addition to the medical expenses associated with these injuries, you may be unable to work for several weeks or more as you recover, which can be a significant financial burden.
If you were seriously injured in a car accident and are seeking lost wages as part of a personal injury lawsuit, it is essential to understand what “lost wages” means from a legal perspective. There are two types of wage-related damages: lost compensation and earning capacity. Lost compensation refers to the actual wages you lost, bonuses, and other financial perks you lost due to the accident. Lost earning capacity refers to any disability that has diminished your capacity to work. To secure lost wages, you must prove that the other driver involved in the accident was at fault and that your injuries were directly related to the accident.
If you wish to recover lost wages, the following options may be available, depending on the details of the accident and if the other motorist was at fault:
- Request lost wage reimbursement from your insurance company if your policy includes that type of coverage.
- Request lost wages from the at-fault driver’s insurance company.
- File a personal injury lawsuit against the other driver.
Remember, your ability to collect lost wages from the other driver will depend on the type of coverage the other driver has. Regardless of who caused the accident, you can collect lost wages through your insurance company up to the policy limit under personal injury protection (PIP) coverage.
How Do I Prove Lost Wages?
When submitting a claim for lost wages, you must provide evidence supporting your claim. The following are examples of evidence that will help prove lost wages:
- Doctor’s note: You must obtain a note from your physician stating that you sustained an injury due to the accident and must take time off work to recover.
- Paystubs or other wage documents: You must provide pay stubs from before and after the accident to prove that you suffered lost wages due to your injury.
- Wage verification letter: You must also submit a letter from your employer that confirms essential details about your employment, including days you were absent, your salary or hourly wage, and the number of hours you work during each pay period.
Lost wage claims can be complicated, particularly when the at-fault driver is uninsured or claims that you were partly at fault for causing the accident. To secure the financial compensation you deserve, it is highly recommended that you consult with an experienced lawyer.
Delaware Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Assist Clients With Lost Wage Claims
If you were involved in a car accident and suffered injuries that resulted in lost wages, do not hesitate to contact our Delaware car accident lawyers at McCann Dillon Jaffe & Lamb, LLC. To schedule a free consultation, call 302-888-1221 or contact us online. Located in Wilmington, Delaware, we serve clients in Dover, Newark, and Middletown.