How Do You Prove Lost Wages and Lost Future Earnings?
When you get into a serious car accident, you’ll suffer some pretty debilitating injuries. You may need surgery and physical therapy. There’s a good chance you’ll miss a lot of time from work. If someone else was responsible for your accident, they should be held accountable for these lost wages.
When your car accident attorney in Baton Rouge files your legal claim, they’ll have to name your damages. These damages will include all or some of the following:
- Medical bills – You can demand that the defendant reimburse you for current and future medical bills. For example, if you need long-term physical therapy or chiropractic care, you shouldn’t have to pay for this yourself.
- Lost Wages- If you miss time from work, you should be reimbursed for any wages you lose. For example, if you miss three weeks from work, the defendant should reimburse you for these wages. If some of this time was covered by sick time or vacation time, your attorney can argue that you should be reimbursed for this too.
- Property Damage – If your car is destroyed, the defendant’s insurance will have to pay to get it repaired. If your car is destroyed, you deserve to have your vehicle replaced.
- Pain and Suffering – These are intended to compensate you for the physical and mental anguish caused by the accident. These damages can be difficult to prove. And, since they can’t be justified with receipts and invoices, your lawyer will have to submit different kinds of evidence.
Another type of damages you can demand is lost future earnings. These can be very difficult to prove. Your car accident lawyer in Louisiana will have to prove these damages.
How do You Prove Lost Wages?
Proving lost wages is nowhere near as difficult as proving lost future earnings. Your attorney can submit copies of your timesheets and paystubs to prove lost wages. The defendant should have to reimburse you for any time you missed from work.
Your attorney will have to prove a few things:
- The time you missed was specifically due to your injuries. You can’t take additional time off and then expect the defendant to reimburse you for it. For example, if you take FMLA a few weeks after your accident to care for a sick spouse, the defendant won’t be responsible for this time.
- You actually missed time – The best way to prove this is to submit copies of your timesheets from work. If you’re salary, you won’t have timesheets. However, you can have your payroll department print out a report showing how much time you’ve missed. Again, as with other damages, you’ll have to prove that this time was missed because of your injuries.
- You used personal time, sick time or vacation time – You’re not automatically entitled to be reimbursed for any personal time you used. However, if you have to exhaust your PTO bank to cover time you miss due to the crash, the defendant may have to reimburse you. Your lawyer can show that you wouldn’t have been required to use this time had it not been for the accident. For example, let’s say you had saved up three weeks of PTO to take a family vacation to Europe. You already paid for the trip. Now, you can’t take it because you won’t have any time left.
As long as you submit sufficient evidence, you’ll be able to collect these damages from the defendant.
What About Lost Earnings?
If you’re left permanently disabled due to your Baton Rouge car accident, you can demand compensation. Your lawyer will have to show that you would have earned much more if you had been able to return to work.
If you end up permanent disability, you won’t receive anywhere near as much as you would working at your old job. You can submit copies of your tax returns showing how much you used to earn. Your attorney will demand that these amounts be amortized for future years.
You should be able to collect the salary differential until you reach the age of 65. So, if you’re only 30 at the time of your accident, you can demand 35 years of lost earnings.
Contact an Experienced Car Accident Lawyer Today
If you’ve been injured in a car crash, you should contact an experienced car accident lawyer immediately. They can review your case and let you know how much it may be worth. Call Babcock Trial Lawyers today and schedule your free initial consultation.