How To Prove Lost Wages In A Car Accident Case

If you have sustained injuries in a car accident, it is likely that you have mounting stress in your life due to substantial medical bills, property damage and pain and suffering. In addition to the pain and suffering and medical bills, one of the largest challenges for car accident victims is their inability to return to work due to their injuries resulting in lost wages. In order to proceed with a personal injury claim, certain documentation is required by insurance companies to prove all requests for compensation and reimbursement, which adds to the pressure and overwhelm.

It may be relatively easy to obtain bills and invoices related to medical treatment, but sometimes it is difficult to gather all of the documentation necessary to prove the loss of wages, and the loss of future wages. However, evidence and documentation are essential if a victim plans to establish a successful personal injury claim and receive compensation for their loss of income as well as their medical bills.

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Understanding Lost Wages

Lost wages refers to the payment you would have earned at your job from the time of the car accident to the date of the settlement or judgment. You must prove that the injuries that kept you from work were directly a result of the accident, and not from other conditions or life events. With the help of an experienced attorney, you may be able to recover the wages you could not earn while receiving medical treatment and recovering from your injuries. There are two distinctions when considering lost wages.

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● Lost earning capacity involves any disability that results in a decreased ability to work.

● Lost compensation involves lost working wages, plus other financial benefits that you

would have earned if the accident had not occurred.

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The wages you would have earned from your employer when you were unable to work after the car accident are part of what may be recovered as damages in a personal injury claim. Whether you missed work for a week or a few months, all of the money you would have earned during that time is considered lost wages. Sick days or vacation leave should be included in your claim, if you were forced to use these days in recovery. Other employee benefits that may be included in your lost wages claim include financial benefits such as contributions to profit-sharing plans, typical bonus amounts or overtime payments, the potential to attend work-related training, and receive education leading to promotions, or transportation allowances.

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Lost Wages Documentation

In order to prove lost wages, the insurance company will require very specific documentation regarding all of your claims. Items that may help to prove lost wages may include W-2 forms from the last tax year or pay stubs. In addition to these, the following may be required:

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Medical Documents

You may be required to send the insurance company medical documentation that affirms you suffered injuries in the accident. It remains extremely important that you only provide the insurance company what they require to process your settlement and nothing more. Sometimes, an insurance company will request your full medical history, but they are not legally entitled to these records.

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Employer Documents

Your employer will receive an employer authorization that enables them to legally submit documentation regarding your wages and income to the insurance company. This is called a salary or wage verification form. If you are self-employed, you may need to submit tax returns or business banking records. Additionally, you may need a letter from your employer that documents the actual days you missed work, and the hours missed in each pay period. All of your base pay, expected overtime, employee benefits, contributions to employee benefit plans, typically received overtime, or bonuses should be included in this amount.

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Disability Documentation

If you are claiming any kind of disability, you may need a disability slip from the doctor who treated you for injuries suffered as a result of the accident. This documentation is needed to confirm that you missed work as a direct result of actual injuries suffered from the car accident, as officially diagnosed by a doctor.

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Contact an Experienced Personal Injury Attorney Today

The inability to return to work impacts your ability to provide for your family and pay the monthly bills. The stress of lost wages, or the potential for the loss of future wages, can cause severe mental trauma for victims already suffering from other medical injuries. If you suffered an injury in a car accident that caused you to miss work, or caused you such severe injuries that you are disabled in any way, you have the right to receive compensation for your lost wages along with your medical bills and pain and suffering. Let us help you build a strong personal injury case to get the justice you deserve. Contact an experienced car accident attorney at Sandoval Law, APC for a free consultation today.

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