If a car crash leaves you unable to work, even temporarily, you can seek financial compensation for lost wages with help from a Texas car accident lawyer. A lost wages claim requires evidence such as proof of employment and income, documentation of your injuries, and a calculation of your lost earnings.
If you file a comprehensive insurance claim with compelling evidence to support your demand for compensation, you can recover not only money for lost wages but also your medical expenses and other losses resulting from the car accident. A personal injury claim can go a long way toward helping you recover from a collision without the unnecessary burden of financial stress.
What Does Compensation for Lost Wages Cover?
Understanding what a lost wages claim can cover is crucial if you plan to pursue compensation. A personal injury claim seeking compensation for lost income can include money for:
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- Hourly wages or salary
- Overtime pay
- Sick days
- Vacation pay
- Bonuses
- Commissions
- Contributions to retirement accounts
- Transportation allowances
- Insurance contributions
- Expected pay raises
You can also request compensation from the other driver’s insurance company for any anticipated reduction in your future earnings, including losses from any promotions you would have been a candidate for before the auto accident. If the crash left you permanently disabled, you can demand money for lost earning potential as well.
Can You Collect Lost Wages if You Are Self-Employed?
Yes. You can recover lost wages if you are self-employed. However, proving your losses may be more complex, and the insurance company will likely fight harder to deny or lowball the value of your car accident settlement.
To prove lost wages as a self-employed person, collect as many of the following items as possible:
- Tax returns to demonstrate typical yearly earnings
- 1099-MISC forms from any companies that hired you as a contractor
- Documents from your accountant showing your earnings
- Profit and loss documents
- Correspondence from your clients in the form of emails, texts, letters, etc.
Self-employment income tends to fluctuate, which allows the insurance company to claim that you would not have made as much money as you claim. This is why you must present as much evidence as possible to document your earnings over time. An experienced car accident lawyer can advise on the documentation you need before filing a claim for lost self-employment income.
How Do You Calculate Lost Wages?
Calculating the value of your lost wages is a complex process. It involves evaluating your current missed hours and anticipated days off due to long-term disabilities. You must also determine the value of sick days and vacation time you would have used if not for the car accident. Bonuses, commissions, and scheduled pay raises are also compensable losses in Texas.
The final total should include not only your lost wages but also your lost earning capacity. This is the lost income you would have had the opportunity to earn if not for your car accident injuries. It is also not limited to your lost wages and should include the value of potential promotions.
Arriving at a final figure involves a lot of math and financial forecasting. A Texas car accident attorney can handle the calculations so you receive reimbursement for every penny you’re owed.
Who Pays for Your Lost Wages?
Depending on the level of coverage you carry and who was at fault for the accident, you may seek financial compensation for your lost wages from your own insurer or the at-fault driver’s insurance company.
Be prepared that the insurance company may resist covering your lost overtime pay, bonuses, commissions, and other lost income along with your hourly wage. Normally, adjusters try to make a lowball offer that won’t cover all your lost income. An experienced car accident attorney can manage settlement negotiations with the insurance company so you are not underpaid.
How Do You Prove Lost Wages?
Proving lost wages after a car accident requires detailed evidence. Gather the following items to support your lost wages claim:
- Pay stubs
- Bank statements
- Tax forms
- Contracts
- Performance reviews
- Medical records
Make sure your medical records thoroughly document not only your injuries, but also any limitations on your ability to do certain types of work. This information can help you prove lost future earnings. You should also ask your employer for a letter detailing your salary, benefits, and hours worked. This will support your pay stubs and bank statements showing your regular pay.
How Long Do You Have to File a Claim for Lost Wages After a Car Accident?
According to Texas law, injured victims have two years to file a personal injury claim after car accidents. This applies to efforts to claim lost wages and other losses such as medical bills and pain and suffering.
A qualified Texas personal injury lawyer can help ensure all legal filings are completed on time.
Contact Our Texas Car Accident Lawyers
Full and fair compensation can ease your mind and financial burdens after a motor vehicle accident in Texas. If you suffered serious injuries in a crash, put The Wilhite Law Firm to work for you. Our car accident attorneys can craft a comprehensive car accident claim seeking maximum compensation for all your losses after a collision, including lost wages.
We understand the financial strain a car accident can cause when it leaves you unable to work. We’re pleased to provide aggressive legal representation on a contingency fee basis. You owe nothing unless we recover compensation for you.
Our law firm focuses exclusively on helping people recover compensation for injuries suffered in motor vehicle accidents and other incidents caused by negligence in Texas. We do all the work for you so you can focus on your recovery. Most importantly, we fight vigorously for the full and fair compensation you deserve after all you’ve endured.
Ready to get started? Contact The Wilhite Law Firm today for a free, no-obligation consultation.
