ESPANOL
If you were injured in a car accident, you might have suffered severe injuries. When your injuries are permanent or life-changing, you could lose your ability to work. Without income, you and your family may suffer a debilitating financial strain.
When a car accident prevents you from earning a living or reduces your earning capacity, you may be entitled to compensation for lost wages and income. While you have the right to recover compensation for lost wages, the process of recovering the amount owed to you might be intricate and daunting. A lawyer can protect your right to financial recovery and fight for you while you focus on your wellbeing.
Defining Loss of Wages
In a car accident case, loss of wages is the income lost from the time of the accident to the point where you recovered and were able to go back to work.
Therefore, for a loss of wages claim to be valid, the damages that deterred you from working must have resulted from the car accident and not another event.
It is important to note that loss of earning capacity may be part of the loss of wages claim, but it is often considered separately. The damages involved in a loss of earning capacity are different from those in loss of wages. The former involves a disability that results in a reduced capacity to work.
How to Handle a Loss Wages Claim
There are three options to consider when seeking compensation for loss of wages. The first option is to file a claim with your insurance company. The second option involves seeking compensation from the liable party’s insurance company, and the third involves filing a lawsuit against the liable party.
Before submitting a claim, you should be aware of your coverage options. Typically, there are three types of insurance coverage, and each of those may affect the damages you can collect:
- Liability/bodily injury coverage: If you are injured in an auto accident, you are eligible to file a claim through the at-fault driver’s liability/bodily injury coverage.
- Uninsured or underinsured motorist coverage: If the driver at fault is uninsured or underinsured, you may be able to collect lost wages from your insurer.
- Personal injury protection (PIP) coverage: Regardless of the party at fault, you may qualify to collect lost income from your insurer through PIP.
How We Can Help You Recover Lost Wages
Even though personal injury law allows you to recover loss of wages, it does not guarantee that your insurance company or the driver at fault will be willing to compensate you. Insurance adjusters ensure that you either get the least amount of compensation possible or deny you your claim altogether.
The good news is that our lawyers understand the complexities of dealing with insurance companies, and we are here to help you. We will work hard to ensure that you get the fair amount of compensation entitled to you by:
- Proving that the driver was responsible for the accident that caused your injuries
- Working with medical professionals to collect evidence of your medical treatment to prove that the accident caused you injuries
- Collecting evidence to prove that you could not work because of the injuries
- Proving that you lost income from being out of work
Our lawyers will handle every step of the claim, from investigating the accident to preserving evidence, filing insurance claims, and negotiating a settlement. If the negotiations with the insurance companies are unsuccessful, our lawyers will not hesitate to file an injury lawsuit against the liable party.
Understanding Comparative Fault Law
Both South Carolina and Georgia observe comparative fault law. Under this law, you will not receive the total amount of your damages if you were partially at fault for the accident. Instead, the amount payable to you will be reduced by your percentage of fault.
Suppose you were 40 percent at fault; the money you will receive from the claim will be reduced by 40 percent. Additionally, your fault for the accident cannot exceed 50%. If you are 51% or more at fault, you cannot recover compensation.
You Can Still Recover Lost Wages Even If You Are Self-employed
Regardless of your type of work, you may recover lost wages. However, it can be challenging to value a loss of income when you are self-employed, as your income is subject to many changes.
Therefore, you will need to provide proof of your income over a period to calculate an average weekly rate for your income. You must also show proof of the job opportunities and projects you lost because of your injuries.
Contact George Sink, P.A. Injury Lawyers for Assistance with a Loss of Wages Claim
If you lost income because of a car accident, you might be eligible for compensation. Contact George Sink, P.A. Injury Lawyers today for a free consultation. We will gather evidence to support your claim and ensure that you recover the compensation you deserve.
Don’t worry about whether you can afford our services; we work on a contingency-fee basis.* And check out our case results to get a glimpse of what our strong representation can do for you.1 Let’s get to work today.