How To Claim Lost Wages From Car Accidents (February 2025)
Summary
- After a car accident, you can file a claim to receive compensation
- You can claim lost wages and lost earning capacity
- To maximize your compensation, hire a car accident attorney
Car accidents can leave you with injuries that require extensive medical care and could prevent you from going to work. Not only do these injuries result in serious expenses, but they also mean that you’re unable to get the income you would otherwise have received.
One option you have for recovering losses is to file a claim against your insurance or that of the at-fault driver. Learn more about how to claim lost wages from car accidents while also getting assistance with medical expenses.
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What Are Lost Wages?
Lost wages are part of the actual damages you can claim after a car crash. Often, people assume that lost wages only refer to salaries that you missed, but there are many other losses you could have suffered if you experienced an injury in a collision.
Lost wages cover your regular earnings, which is the amount you would have made if you hadn’t been injured. However, you can also claim any benefits you would have received from your employer during the missed work days, such as stipends for transportation and cell phones.
As part of lost wages, you can claim any bonuses or commissions you may have missed as well. You can even claim overtime if you had regular opportunities for it before the collision.
If you used paid time off to cover the days you missed, you can claim these also. Indeed, any type of compensation you would have earned through work that you were unable to receive as a result of auto accidents can be part of the claim you file.
How to Claim Lost Wages From Car Accidents
After you’re in a collision that results in injuries, you can file a claim with either your insurance or that of the other driver, depending on the state where you live. If you reside in a no-fault state, such as Florida, and you suffered minor injuries, you would file against your own personal injury protection insurance or PIP.
PIP will cover lost wages and medical expenses up to the policy limit. If your injuries are considered serious, PIP coverage won’t be enough. You can then step outside of no-fault laws and pursue a personal injury claim against the driver who caused the collision.
If you live in an at-fault state, such as Georgia, you have to prove that you were not fully responsible for the collision before you can recover losses. You can do this by providing evidence of how the crash occurred, which usually means establishing negligence.
The elements of negligence include showing that the other party owed you a duty of care that they breached. Anyone operating a vehicle owes others on the road the responsibility to drive lawfully. Thus, if the other party broke the law, they breached their duty. You then have to show that the breach led you to suffer losses.
These elements aren’t easy to prove, especially if you don’t have experience with personal injury claims. To give yourself the best chance of getting the compensation you deserve, it’s important to hire a lawyer to represent you.
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Proving Lost Wages From Car Accidents With Injuries
To be able to receive the lost wages compensation you deserve, you will need to submit evidence that shows how much you make. One of the most efficient ways of doing this is by presenting your most recent paycheck.
If you’re self-employed, you will have to provide a summary of what you earned the previous year during the same time period. If you already had contracts that you were unable to fulfill because of the injury, you can claim this income, too.
One of the most challenging circumstances you can experience is being left unable to work in the same capacity as you used to before the injury. You might even be unable to work at all. In either case, you could have the right to file for loss of earning capacity, which would cover the income you’ll miss throughout your professional life.
Proving how much you deserve to receive in lost earning capacity usually requires resorting to financial experts who will assess your paychecks and many other factors. Evidence that demonstrates your career trajectory can also be helpful.
Because of the complexities of the claims process, you should never attempt to recover losses on your own. Seeking help from auto lawyers is crucial.
Finding Experienced Representation
The aftermath of a car accident can mean struggling to pay medical bills and suffering other financial issues because of lost wages. One of the legal options you may have is to file a personal injury claim and recover compensation, but that is not something you should undertake by yourself.
You may be uncertain whether you should hire representation, especially if you consider the accident to be a minor one. Attorneys have in-depth knowledge of car accident law, and they can help you fight for the compensation you deserve.
At ConsumerShield, we can connect you with trusted and experienced lawyers in your area so that you can start your claim promptly. Contact our team to learn more about our services.
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Frequently Asked Questions
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If you live in a no-fault state, your personal injury protection insurance will pay for lost wages unless you suffer a serious injury. If that’s the case, you can file a claim against the party who caused the collision. In fault-based states, you file against the other party’s insurance.
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Yes, even if you didn’t suffer an injury, you can still recover lost wages for the inconveniences you experienced as a result of the collision. These will typically not be as substantial as those someone with an injury would receive, though.
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Getting compensation can take weeks or months, depending on the complexities of the case. The process can take longer if many parties are involved, if the injuries are severe and could prevent you from working again or if the insurers refuse to settle.
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You don’t have to hire a lawyer, but representation gives you a better chance of receiving fair compensation.