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Auto Collisions and Lost Wages

By Daniel E DAngelo Esq on October 26, 2015

Being involved in an automobile collision can affect you in many ways. The pain, physical limitations, medical bills, missed time from work, and worry of a life filled with chronic pain can take over your life. You want to know what your rights are and what damages and other losses the negligent driver must pay you for.

If your injuries are serious enough to require doctor appointments or you can’t work you likely have lost wages. The negligent party is responsible for the payment of any lost wages caused by the motor vehicle collision. So how do you prove your lost wages are part of your claim? Like any injury, damage, or other loss from an auto collision, the claim needs to be carefully reviewed and must be supported by evidence.

Who do you file your wage loss claim with?

  • If the at-fault person who hit you has insurance coverage, you would submit your claim to their insurance company.
  • If they don’t have insurance, you might be able to collect lost wages from your own insurance company through your uninsured or underinsured motorist coverage.

How do you document lost wages?

  • Doctor’s Orders. Although not a prerequisite, a letter or recommendation from your doctor how long you cannot work because of your injuries may help support your claim for lost wages.
  • From the Boss. A letter from your employer is also helpful. A letter from your employer confirming time missed, your pay rate/structure, an explanation why you could not perform your job, and/or any other relevant employment information can be very helpful.

Car Accidents and Wage Loss

 

How do you calculate lost wages?

Calculation of lost wages depends on how you are paid and how much time you missed due to the collision. If you are paid an hourly wage then generally you only need to multiply the amount of time missed by your rate of pay, but not everyone is paid a set hourly wage nor works the same set amount of time. So, unless you are paid a set wage and always work the same amount of time each day, calculation of your lost wages is much more complicated and will likely be based on estimates.

Estimated hours missed, hourly wages, lost commissions, tips, and/or sales will require proof of past earnings based on your taxes, paystubs, contracts defining your pay calculation, and/or sales history such as receipts or orders placed. Depending on your type of work, other factors may need to be considered such as if you are in retail sales then the time of year missed is important or if you drive for Uber it is important

to factor in if a larger than usual event is missed like a big convention or the Super Bowl. If you used paid time off or vacation time this will also need to be factored into your lost wage claim.

Lost wages are a big deal for obvious reasons. Most of us simply can’t afford to miss days, weeks, or months of work due to someone else’s negligence.

It’s natural to feel overwhelmed, and that’s why we are here to help and give you peace of mind that an experienced attorney to review all your potential damages handles your personal injury claim
.