When you sustain a serious injury in a car accident caused by someone else, you need to take time off work while you’re healing. How will you pay your medical bills? Can you claim compensation for the wages you lose while you’re not working?
Yes, you can. You can file an insurance claim or lawsuit against the party who caused the accident to pursue money for the wages you lost because of the crash. However, this is not a task you should undertake on your own.
You need an experienced Alabama car accident attorney from Collins Law, LLC, to represent you. When you call us, you’ll get a free initial consultation to talk about the accident. We’ll advise you about your legal options and your next steps.
Don’t wait. If you’ve been hurt, call our office today and let us get to work pursuing the money you need.
Are Lost Wages Considered Actual Damages?
Yes. When you’re injured in a car accident in Alabama, the costs associated with the accident can be referred to as “damages.” Damages include things like medical expenses, property damage, pain, and suffering. Damages also include lost wages from the car accident.
Some people wonder if you can get money for lost wages from a car accident without injury. You generally cannot get money for lost wages or income unless your healthcare provider kept you off work for a medical reason. That means you must have suffered some sort of injury, whether physical or mental, to be eligible for compensation for your lost wages.
Who Pays for Lost Wages in an Alabama Car Accident?
In Alabama, the owner of a registered vehicle must carry auto insurance. The minimum requirements for this insurance coverage are:
- $25,000 in bodily injury liability coverage per person
- $50,000 maximum in bodily injury liability coverage per accident
- $25,000 maximum in property damage coverage per accident
Who pays for lost wages in a car accident? When you’re in an accident that wasn’t your fault, the at-fault party’s insurance carrier will pay for your accident-related damages up to the policy limits, including your medical expenses and your lost wages. However, if your injuries were significant, the insurance policy may not be sufficient to cover all your losses.
In cases where the other party’s insurance is insufficient, you could turn to your own uninsured and underinsured motorist coverage, or UM/UIM coverage. Alabama requires insurance companies to offer this coverage, but policyholders can decline it. This coverage is highly recommended due to the high percentage of Alabama drivers who are uninsured. UM/UIM coverage can help with medical bills, lost wages, and other damages when you are hit by an uninsured or underinsured driver.
How Do You Prove Loss of Earnings?
You will need evidence to prove your lost wages due to the car accident. This proof will begin with your medical records. You’ll need records that show the dates your healthcare provider kept you off work, as well as why the injury was severe enough to prevent you from working.
You’ll need documentation of your usual earnings, such as direct deposit records, pay stubs, 1099s, and W-2s. You can use a letter from your employer that verifies your dates of employment, rate of pay, and the specific dates you were absent because of the accident. If you’re self-employed, you can use emails, contracts, or other correspondence to show jobs you had to reject because of your injuries.
Your wages should include:
- Salary
- Hourly pay
- Overtime
- Bonuses
- Tips
- Sick pay
- Vacation pay
- Commissions
- Part-time income
- Freelance and gig work
Any work you perform that results in pay should be included in your assessment of your income. You may need your tax returns as proof of your regular income, unless you’re an employee who has only one job and gets a W-2.
How is Lost Wage Compensation Calculated?
You can calculate the wages you missed out on because you couldn’t work by figuring out your average weekly earnings, dividing by the number of days you work in a week to arrive at your daily wage. Multiply the number of days you missed because of the accident by your daily wage.
If your injury prevents you from returning to your usual work or permanently reduces your future earning capacity, you may need to engage an economic or vocational expert to estimate your future lost earnings based on your job history, career choice, skills, medical limitations, and age.
Once you have numbers for your past lost wages and your future lost income, add them together to reach the amount you can claim for your lost wages.
Why Choose Collins Law, LLC to Help Recover Lost Wages from a Car Accident?
When you’ve been injured in a car crash through no fault of your own, you need a lost wages attorney who will fight for the compensation you need to take back your life. That’s what you’ll get when you work with Collins Law, LLC. We believe no one should feel powerless when someone else harms them in a serious accident, so our mission is to give our clients personal attention and provide the legal skills to get the compensation they deserve.
We always treat our clients with compassion, care, and respect. When you work with us, we’ll answer any questions you have, put your interests first, and keep you updated on your case. For more than a decade, we’ve been helping people get the compensation they need. One of our satisfied clients wrote:
“April Collins is kind, professional, and 100 percent available when you need her. Our experience with her was top notch and I truly felt as though we bonded throughout. She cares and it shows. When she told us she would update us or do something we never worried one bit because she was always, always true to her word. … 5 stars all the way plus 100 more!” ‒ Julie S., Teacher
Contact Our Car Accident Attorneys Today for Help
At Collins Law, LLC, we’re committed to speaking for people who may feel marginalized or unempowered. We combine our legal skills, compassion, caring manner, and commitment to quality representation to fight for outstanding results for our clients.
If you’ve been injured in a car crash that wasn’t your fault, call us today or contact us online. You’ll get a free initial consultation to discuss your case and your options for pursuing the compensation you deserve.
