Does The Defendant Have to Pay For Lost Wages If I Get In a Car Accident
Lost wages are the payments you would have earned if you were attending work if you haven’t been injured. If a car accident in Baton Rouge caused your injuries, and you missed several weeks of work or even months, you have lost the wages for that time. If you were healthy, you would have earned the payment easily.
Your car accident injuries might need a long recovery time; your lost wages will be ready and calculated from the time of your injury to the day you return to work.
Usually, lost wages in such cases are covered by an insurance company. If another party caused the accident, the insurance company of the other driver takes responsibility for compensating your lost wages. If the case is more complex, you will have to file a personal injury lawsuit against the other driver, so the driver will cover your lost wages from their funds. A good car accident injury lawyer in Baton Rouge will help you do this.
Calculating and Proving Lost Wages After a Car Accident in Baton Rouge
Lost wages are calculated by multiplying your pay rate by the amount of work you missed because of your injuries. Let’s say you are paid $25 per hour and missed 40 hours of work; your lost wages will be $1000.
Proving lost wages from a car accident is not complicated. You will need the following:
- A letter from your doctor— it describes your injuries, your treatment and recovery process. It should have details of your injuries and how they prevented you from working.
- A letter from your employer—your employer should write a letter that will prove that you missed work because you were injured in an accident. You will need proof of your monthly salary or hourly wage (this usually comes in the form of a pay stub).
- In case you are self-employed or work on commission, it may be more complicated to calculate and prove your lost wages from a car accident. It is still possible for achieving, which is why you should not give up on getting the compensation.
Lost Income and Auto Accident Damages
The party that caused the accident is the defendant, and you are the plaintiff.
When you are filing a car accident lawsuit against the defendant, you can recover any lost wages that were caused by your injuries.
Let’s say you broke your leg in the accident, which means you are stopped from going to work and doing your job. In this case, you can recover your lost wages you could have earned if your leg was not injured. If you were not able to work for a couple of months, you can recover the amount you would have been paid for those months.
You can also get compensation for other car accident injuries of psychological nature, such as PTSD; this is also considered as a severe injury that stopped you from working normally.
Claim for “Lost Earning Capacity” After a Car Accident in Baton Rouge
If your car accident injuries cause you a life-time disability that will affect your ability to earn money for an unspecified time, then you can claim compensation for “lost earning capacity.”
Even if you are still able to work, you can get the claim if your disability is stopping you from having a higher paying job, which would not have been the case if it was not for your disability. Chronic pain and loss of strength and endurance qualify as disability caused by auto accident injuries.
Provide Reasonably Certain Proof of Your Wages or Lost Earning Capacity
You can prove your lost wages if you submit the most recent paycheck that you earned before the injury. Self-employed people should submit proof of what they usually earn, such as invoices for the same period from the previous year. You can claim compensation for lost tips or other benefits besides the salary if you have a reasonably decent proof.
Proving lost capacity might be a little tricky because nobody can predict the future. If you have reduced earning capacity, that can easily be assumed (only by your injuries).
To make this whole process easier, the best thing you can do is hire a personal injury attorney.
Our team of Baton Rouge personal injury attorneys have worked on such cases and have successfully helped many injured people to get the compensation they deserved.
Call and schedule your consultation today; we will give our best to help you get full compensation for your lost wages.