If your ability to work has been affected by an accident someone else caused, you could be entitled to compensation for your missing wages. To collect it, you must show that the other person is to blame for your injuries, that your injuries prevented you from working, and that you’ve lost a specific amount of money as a result. A Virginia personal injury lawyer can help you navigate the claims process and advocate for your right to maximum compensation for your ongoing and future lost wages.
What Documentation Do I Need to Prove Lost Wages?
You will need documentation to prove lost wages in a car accident claim.
First, you need to document the injuries you sustained in the crash by submitting:
- Medical records of your treatment and rehabilitation
- Testimony from your physician about restrictions on your work duties
- Statements from a vocational expert about how your injuries or disabilities have affected your ability to work
Calculating the full extent of your lost income could involve:
- Pay stubs
- Income statements
- Tax returns
- Bank statements
- Communications with your employer
- Calendars showing the days you missed
An experienced car accident lawyer can gather this evidence on your behalf and then use it to build your claim.
How Will the Amount of My Lost Wages Be Calculated?
Calculating your lost wages after a car accident begins with determining your average wages before the accident. Your attorney will review your pay stubs or income statements from up to a year before the accident to calculate your average weekly or monthly wage. Your attorney will then use your average wage to determine how much money you’ve lost based on the specific amount of time that you’ve been unable to work.
Depending on your injuries, you might be able to return to work with medical restrictions that require you to temporarily transfer to a part-time or modified-duty position that pays you less than you earned before the car accident. In these circumstances, your attorney may calculate your average wages while in a modified duty role and subtract them from your pre-accident average wages to determine your lost earning capacity caused by prolonged injury.
Should you become permanently disabled from working due to a car crash, you may calculate your future lost earnings with the help of financial experts. This expert will evaluate your pre-accident earning capacity and use formulas that account for wage growth, inflation, and anticipated increases in earning capacity to determine how much income you would have earned during your life if you hadn’t become permanently disabled from working. Contact our Richmond car accident lawyer today.
Can I Recover Lost Income If I Am Self-Employed?
While being self-employed may complicate the process of claiming compensation for lost wages, it does not prevent an injured worker from doing so. Self-employed workers with consistent income might rely on 1099s or income tax returns to prove the extent of their lost wages, while others might refer to contracts they’ve been unable to fill. In cases where a self-employed person has variable income, they may need expert testimony to calculate lost income based on their circumstances and other business and economic factors.
How Can I Prove the Other Driver Was At Fault for the Accident?
In order to recover compensation for your lost income, you’ll need to prove that the other driver was to blame for the collision. The following types of evidence could help you do so:
- Police crash reports
- Citation or arrest records
- Accident scene photos and videos
- Eyewitness testimony
- Surveillance, traffic camera, or dashcam footage
- Vehicle computer data logs
- GPS data
- Driver’s cell phone records
- Vehicle repair and maintenance records
- Post-crash vehicle inspections
- Accident reconstruction expert reports or testimony
Evidence from the accident may help you show that the other driver caused the crash due to negligent or reckless driving. You might also be able to hold the other driver liable for the car accident by showing it happened because they broke the law. For example, you might hold a driver at fault for an accident if you can prove that they broke the speed limit in the collision or drove under the influence of alcohol or drugs.
Is There a Deadline for Filing a Lawsuit to Recover My Lost Wages?
Under Virginia’s statute of limitations on personal injury claims, you typically have two years from the date of the collision to sue an at-fault party for lost wages. You can protect your rights and options by speaking with a Virginia personal injury lawyer from Marks & Harrison. We can help you file your claim before applicable deadlines expire. Otherwise, you may lose your opportunity to recover compensation for your lost wages if you file your claim late.
What Other Compensation Could I Be Owed?
You could be entitled to further compensation after suffering injuries in a Virginia auto accident.
With a car accident claim, you could be entitled to money for your:
- Medical expenses, including emergency room visits, doctor’s appointments, treatment costs, prescriptions, and rehabilitation
- Future medical care, home healthcare or accommodations, and other long-term needs
- Lost benefits, sick leave or PTO, bonuses, and retirement plans
- Physical pain and suffering
- Emotional distress
An experienced Virginia personal injury attorney can help you determine the full extent of your losses and calculate what fair compensation looks like in your specific case.
Contact a Virginia Personal Injury Lawyer
Have you become temporarily or permanently disabled from working due to injuries you suffered in an accident? If someone else was to blame, you may have the right to pursue financial recovery for your lost wages and other losses. Get the legal help you need to demand maximum compensation for the money you’ve lost. Contact Marks & Harrison today for a free, no-obligation consultation with a Virginia personal injury attorney to discuss your legal options.
