Fighting For Your Rights

Can you recover lost wages after a car accident?

On Behalf of | Sep 21, 2023 | Catastrophic Injuries, Drunk Driving Injuries, Motorcycle Accidents, Pedestrian Accidents

Serious injuries don’t just require funds for treatment but also time off work for recuperation. However, your inability to work will not stop bills from accumulating. If the accident was not your fault, you may be able to sue the other driver for damages, including lost wages.

Evidence is key

A car accident injury can cause pain and suffering and limit your ability to earn an income. Taking time to recuperate can be difficult when you have medical bills, house bills and other financial commitments to pay for.

If your injuries prevent you from working, you may seek compensation from the driver who hit you. However, it isn’t as simple as using your car accident injury as a reason to stop working. For instance, establishing lost wages will be challenging if you suffer a sprain but can work from home.

Before you can collect lost wages, you must establish a couple of things: One is that the driver’s negligence caused your injuries and two, those injuries are preventing you from working.

The following documents may help back up your claim:

  • Doctor’s note: After an accident, your first step should be to visit the doctor. This allows you to acquire written documentation of your injuries and treatment. The note should clearly state your incapacity to fulfill job tasks and suggest how long you should be off work.
  • Paychecks: To prove lost wages, you must demonstrate how much money you would have made if you could go to work. Gather your most recent and prior paychecks, tax returns and other relevant documents.
  • Wage verification letter: Your employer must verify your employment, compensation, working hours and the number of absences you took.

Additionally, because Virginia is a pure contributory negligence state, it’s possible you may not collect any damages at all if the driver can demonstrate that you shared even 1% of the fault. Understandably, this rule is very restricting for victims and emphasizes the need for hard evidence.

Car accident injuries can disrupt your life significantly and put you through financial stress. But you shouldn’t have to deal with this obstacle alone. Until you feel better, your loved ones may be willing to pitch in, and if you decide to take legal action, an attorney can support you through the process.