If you’ve been injured in an auto accident due to the negligence
of another driver, and your injuries prevent you from
working or reduce your ability to work, you have a right
to recover lost wages. Generally, to recover for lost wages, one of two things must occur: An
injury must be the direct result of the accident, or a pre-existing injury was made worse by the
accident.
To prove lost wages, produce the pay stub from your most recent paycheck prior to your
injury. Tips and non-salary benefits should be included as well. If you are self-employed, you
will need to submit proof of what you would have earned. Keeping detailed, organized records
pays off in these circumstances.
If a motor vehicle accident results in a long-lasting or permanent injury—including chronic pain
or fatigue—that will affect your ability to earn a paycheck, you may have grounds to recover for
“lost earning capacity.” In some situations, you can claim this even if you can work—for instance, if
the injury reroutes you to a lower-paying job.
Proving lost earning capacity can be tricky, as it involves some speculation about the future. At trial, a
financial expert will likely be necessary to crunch the numbers. Your character traits, work habits, education,
and intention to change careers may also be considered. After that, it’s in the hands of a jury, which has
the leeway to determine the final amount you are awarded.
If you have been injured in an auto accident, contact an auto accident attorney to protect your rights.
Blog
We’ll grant them this: insurance companies are great marketers, and they are very good at promoting a caring, sensitive
approach when it comes to handling your claims. Don’t be fooled, though.
Insurance companies and their representatives have one goal in mind: to make big profits. And, how do they strive to do
that? By limiting the amount of money that they pay out on accident claims or by denying those claims altogether.
Here are just a few of the most common tricks and tactics that insurance companies utilize to achieve their goal:
• Monitoring your social media postings and interactions. Rest assured that the insurance company will be checking
for any videos or updates you post that might undermine your claim;
• Doing their best to try to get you to go through the other driver’s insurance company to get your vehicle appraised
or fixed;
• Believe it or not, insurance companies have even made a habit of hiring private investigators to secretly videotape
unsuspecting accident victims, hoping to uncover damaging information;
• Trying to talk you out of meeting with or hiring an experienced car accident attorney to help you with your claim.
The insurance companies know that accident victims who hire an attorney have a much better chance at achieving
a higher settlement for their claim;
• Not settling claims for a fair amount. Unfortunately, we see this all of the time, and it can spell financial disaster for
you and your family down the road.
An experienced car accident attorney can help level the playing field and protect your rights in a fight against the insurance
company.
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