Lost wages significantly impact your ability to cover everyday expenses. If you miss work after a car accident and want to maintain financial stability, you need to understand how to claim lost wages as a part of your personal injury lawsuit to receive the compensation you deserve.
Do I have the right to the wages I’ve lost due to my car accident?
Yes, if you can prove them. Lost wages damages compensate you for the earnings you lose while you cannot perform your job duties due to car accident injuries that prevent you from working.
Lost wages include your regular income and additional earnings you would have received, including:
- Salary: If you received a fixed annual wage and cannot work, the salary you miss out on during your recovery period is part of your lost wages claim.
- Annual salary divided by the number of workdays in a year (usually 260)
- Multiply the daily rate by the number of days missed due to the accident
- Include any lost bonuses or commissions if they are a regular part of your earnings
- Hourly Wages: If you’re paid based on the number of hours you work, you can receive compensation for the usual hours you would have worked during that time.
- Your average hourly wage based on your pay stubs before the accident
- Multiply your hourly rate by the number of hours you missed
- If you regularly worked overtime, this is included based on your usual overtime hours
- Paid Time Off (PTO): You shouldn’t have to use your paid time off because someone else made a mistake. The negligent party’s insurance company should reimburse you for those days you’ve used due to the injury.
- Bonuses: If you receive additional payments based on performance, milestones, or company profits, and your injuries affect your ability to earn these bonuses, you should include them in your lost wages claim.
- Commissions: If you work based on commission, sales, or performance targets, and you cannot meet these targets due to your injury, the commissions you lose should be part of your claim.
- Documented bonuses or commissions you would have earned during the recovery period.
- Estimated amount based on past earnings, considering any sales targets or performance metrics you would likely meet.
How do I file a lost wages claim in Washington State?
In Washington State, filing a claim for lost wages involves several steps:
- File a police report and notify your insurance company about the car accident as soon as possible with as much detail as possible about the incident and your injuries.
- Keep a record of missed work by maintaining a detailed log of all the days or hours you missed due to the accident. This log should include dates, hours missed, and reasons you could not work.
- Collect all necessary documentation, including medical records, a medical opinion, employer statements, pay stubs, W2 forms, and financial records. A medical opinion from your doctor will be necessary to prove lost wages. These documents must clearly show your inability to work and your lost wages.
- If your injuries will affect your ability to work in the future, gather documentation to support a claim for future lost wages. This can include a prognosis from your doctor and expert testimony about your potential future earnings.
- Submit a Personal Injury Protection (PIP) claim to your insurance company if you have PIP coverage. PIP coverage can make partial wage loss payments to you while you are recovering. Read your insurance policy to find out what benefits you have. Talk with your agent or contact a lawyer.
- File with the at-fault driver’s insurance company, including all your documentation and a detailed account of your lost wages. Be smart when dealing with these people. They are looking for any excuse not to pay you. Consider consulting with Seattle car accident lawyers before interacting with the insurance company.
- Keep records of all communications with insurance companies, including emails, letters, and phone calls. This can be crucial for disputes, delays, or possible bad faith claims.
- Washington State law imposes time limits for filing claims. Stick to these deadlines. File your claim within the statute of limitations. If you miss the statute of limitations, then you lose your claim. The length of the SOL varies among states and by type of claim.
- Accident and injury claims caused by negligence: Usually 3 years
- The same claim against your insurance company could be 2 years, 3 years, or 6 years. Read your policy or get a lawyer to read it for you.
- Intentional injuries: Usually have a 2-year SOL
- Job injuries: L&I injury claims have a 1-year statute of limitations
- Occupational disease claims: L&I occupational disease claims have a two-year or longer statute of limitations
- Third-party claims: These are personal injury claims with varying statutes of limitations depending on the type of claim. Get legal advice about these statutes of limitations.
- Other claims will have other deadlines, some of them very short
- Consult with Seattle car accident attorneys for legal advice to ensure you file your claim correctly and maximize your compensation. Most lawyers will provide free, invaluable advice even if you want to handle your claim on your own.
- Seek consistent medical treatment, follow your doctor’s treatment plan, and attend all medical appointments. Insurance companies evaluate claims based on your medical treatment. Get the medical treatment you need, or you lose money. Insurance companies can use gaps in treatment against you to argue that your injuries were not severe or that you have recovered.
Your ability to document and prove lost wages is key to a successful wage claim
If you plan to make a lost wage claim, you must prove that the car accident proximately caused your injuries and prevented you from working.
Documentation from a medical professional confirming your inability to work is essential. Additionally, you must show proof of your regular earnings and any other income you would have received without the accident. To document and prove lost wages, follow these steps:
- Obtain Medical Records: Get documentation from your doctor confirming your injury and medical expenses and stating that you cannot work.
- Employer Statement: Get a statement from your employer that details your regular earnings and confirms the days or hours you missed work.
- Collect Pay Stubs: Gather your recent pay stubs to show your typical income before the accident.
- Financial Records: Compile additional financial documents such as tax returns, income statements, and bank statements to support your claim.
- Self-Employed Documentation: If you are self-employed, you need to provide invoices, contracts, and bank statements that demonstrate your lost earnings during the recovery period.
What challenges and disputes could I face against my lost wage claim?
Claiming lost wages after a car accident can involve several common challenges and handling disputes. Here’s what to be aware of:
- Insufficient Documentation: Insurance companies may deny claims where there is not enough documentation proving your lost wages. This is why in-depth documentation is so necessary.
- Disputes Over Severity of Injuries: Insurers don’t want to pay you. They will likely try to argue your injuries are not severe enough to prevent you from working. Consistent medical treatment with detailed records and opinions from your healthcare provider can counter this.
- Self-Employment Complications: Self-employed lost wage claims are more challenging and complex than employed claims. Again, you need to have your paperwork in order. Detailed financial records, invoices, and contracts are crucial to substantiate your claim.
- Negotiation with Insurance Companies: Be ready to negotiate with your insurance company or the at-fault driver’s insurer. Clear documentation and a solid understanding of your rights can strengthen your position and stop insurance companies from dealing in bad faith.
- Legal Representation: Working with Seattle personal injury attorneys can significantly improve your chances of resolving disputes successfully. Attorneys are experienced in dealing with insurance companies and can advocate on your behalf.
- Appeals Process: You can appeal if the insurance company denies your claim. This process involves submitting additional documentation and possibly seeking expert testimony to support your claim.
Do I need to hire experienced Seattle personal injury attorneys?
Hiring Seattle personal injury attorneys can make a significant difference in successfully claiming lost wages after a car accident.
You can do it yourself if you have minor car repair issues and no injuries. If necessary, you could use small claims court. Pay attention, be careful, and get some advice here or elsewhere, and you should be able to settle your claim.
DIY is a risk if you have serious injuries, wage loss, liability issues, injured passengers, or a cagey insurance adjuster who wants a recorded statement. You will likely do better with experienced car accident lawyers in Seattle. Here’s how an attorney can help:
- Seattle car accident attorneys understand the legal requirements and processes of filing lost wage claims and claims for your injuries and car. They ensure that all documentation is prepared correctly and submitted.
- Your personal injury lawyers can help you identify all sources of lost income, including salary, bonuses, commissions, and future earnings, ensuring you receive the full amount you are entitled to.
- The insurance company will try to minimize your payout. Skilled Seattle personal injury attorneys will not let this happen. They are experienced negotiators who can effectively advocate for your best interests.
- If the insurance company disputes your claim, your attorney can represent you in negotiations or court, increasing your chances of a favorable outcome. A reasonable attorney gives your case credibility.
- Your Seattle car accident attorneys will have access to medical experts, forensic accountants, and vocational experts who can provide evidence and testimony to support your claim.
Here is how to get help.
Claiming lost wages after a car accident helps maintain financial stability during recovery.
If you face challenges or disputes, seeking professional assistance can significantly improve your chances of success. Call or write for a free consultation, expert guidance, and support.
A free consultation will help you navigate the complexities of your claim and secure the compensation you deserve.
Frequently Asked Questions
What should I do if my employer refuses to provide a statement about my lost wages?
If your employer won’t provide a statement, document your request in writing and keep a copy for your records. You may need to provide alternative documentation such as past pay stubs, bank statements, or tax returns.
Attorneys can also assist in communicating with your employer and obtaining the necessary documentation.
What changes when a drunk driver is involved in an auto accident?
A drunk driver is a negligent driver. The liability part of your personal injury case is better when a bad actor, such as a drunk driver, causes your injuries. Juries don’t like drunk drivers.
You may also be able to bring a lawsuit against additional defendants, such as the bar/restaurant that gave the impaired person the alcohol.
On the other hand, it is painful to know that a grossly negligent person has caused you injuries and inconvenience.
Ultimately, it’s still an accident subject to vehicle crash law, with the usual complications and concerns.
How long does it typically take to receive lost wages after filing a claim?
The timeline for receiving lost wages can vary depending on the complexity of your case, the insurance claim, and the insurance company’s responsiveness. It can take a long time to prove a disputed liability claim. However, a PIP claim may only take a week to a few months.
Organizing all your documentation and working with attorneys can help expedite the process.
Can I claim lost wages if I am self-employed?
Yes, self-employed individuals can claim lost wages.
You must provide detailed financial records such as tax returns, invoices, contracts, and bank statements to demonstrate your lost income.
A forensic accountant makes a good expert witness and can help accurately calculate your losses.
What happens if I was working multiple jobs at the time of the accident?
You could claim lost wages for each job affected by your injury if you worked multiple jobs.
To support your claim, provide documentation for all your positions, including pay stubs, employer statements, other relevant financial records, and a solid medical opinion.
What is Loss of Earning Capacity?
Lost wages generally cover the time you miss from work in the past.
Some injuries are more severe, will affect you in the future, and have long-lasting effects. In cases involving traumatic injuries or other long-term impacts, your ability to work could be significantly affected. You could lose months or years of work or even be forced to leave your job permanently. In these situations, you can claim compensation for loss of earning capacity.
Loss of earning capacity is a loss of future wages. This type of claim applies to those facing prolonged absence from work or a permanent inability to return. This type of compensation must consider the potential years out of work, opportunities for promotions and raises, and your potential lifespan. These claims can be worth a lot.
Are future lost wages covered in a car accident claim?
Yes, this is lost earning capacity. You can include future lost wages in your personal injury claim if your injuries affect your ability to work.
You will need medical documentation and possibly expert testimony to demonstrate the long-term impact on your earning capacity.
Can I claim lost wages if I used sick leave or vacation time due to the accident?
Yes, if you used sick leave or vacation time while recovering from your injuries, you can still claim lost wages and could claim compensation for used sick or vacation time.
Your employer can provide documentation showing the leave used and the associated wages.
What should I do if the insurance company denies my lost wage claim?
If your claim is denied, review the denial letter for specific reasons.
Gather additional evidence to address these reasons and consider filing an appeal.
Consult with a personal injury attorney and get a free case evaluation. This consultation will be beneficial. The lawyer can give you free advice at a case consultation and get you started in the right direction.