A car accident often leads to financial losses from medical expenses and property damage, but if you are also missing work, that can lead to added frustrations. In many situations, you can claim lost wages from a car accident, requiring the at-fault party to pay for the losses you have incurred. When you work with our North Charleston car accident lawyer at Shelly Leeke Law Firm, we will ensure you have access to a comprehensive claim, one that includes all of your financial losses.
What Are Lost Wages Claims After a Car Accident?
Lost wages is often a term personal injury lawyers in South Carolina use to refer to some of the financial losses a person experiences after being hurt in a car accident. It refers to any time you missed work or other benefits you missed because you were unable to work because of the accident. It is up to you to prove that you lost that time and that the amount is due to the accident.
- The injuries you have are directly related to the accident and caused by the accident.
- You were unable to collect those wages because of the injuries.
- The injuries were unrelated to any other event after the accident.
If you can prove these apply, then you may be able to recover damages for your missed time at work. Many people need to file this type of claim because, without a doubt, missing work creates financial hardship.
The Burden of Proof Is on Your Shoulders
It is important to learn how to claim lost wages from a car accident properly. If you simply tell the insurance company you did not receive a paycheck for a week, that may not provide enough detail to recover all of your losses. When you work with our car accident attorney, we can assist you with your claim in the following ways:
- We help you determine how much time you missed from work.
- Your attorney will help you calculate not just the wages you missed but any additional benefits, such as paid time off (PTO) or compensation, that you would have put into your retirement account.
- Our attorneys prove that the time you missed was due to your injuries or other accident-related needs, such as going to court.
The accuracy of these claims is critical. When you work with our attorneys, we gather all of the evidence necessary to ensure the insurance company cannot easily refute your claim. Our goal is always to help you prove you are owed all of your losses.
How Long Does It Take to Get Lost Wages from a Car Accident?
As with any component of a car accident claim, the length of time depends on how willing the insurance company is to pay out your claim, and that often comes down to the available evidence to support it. At the same time, our car accident attorneys will work to quickly resolve these matters. In some situations, it may take a month or two to get a full claim if the insurance company agrees, but it can take 6 months to a year, and sometimes longer in situations where your case has to go to court.
Who Pays for Lost Wages in a Car Accident?
Another important factor to consider is who will pay for the losses. In most car accident cases in our area, the at-fault driver is responsible for paying for any damages they cause to others. That means if you can show they are responsible, they are obligated to cover the cost.
Most of the time, this is paid by the driver’s liability insurance provider rather than the driver directly. However, it is important to note that the driver will be responsible for any damages that exceed the coverage limits they have. That typically requires going to court to fight for a higher amount of compensation.
Also, in situations where the driver was driving a vehicle for a company or was working at the time of the accident, the company may be responsible for your losses. This may mean that there are additional parties to seek compensation from as a result of your accident. Our attorneys will help you uncover this to ensure you receive the full compensation you are owed, so review our case results today.
How Is a Claim Filed for Lost Wages?
After calculating the losses you have, you will then submit your claim for lost wages to the insurance company. This is done like you would any other component of your car accident claim. In some situations, you may have to file a lawsuit to recover these damages.
What Does Loss of Earning Capacity Mean?
Another term you may see on your accident claim refers to the loss of earning capacity or your inability to work as you did prior to the accident. Lost earning capacity means you have a disability that has resulted in your inability to work as you did, and you want the at-fault driver to pay for those losses.
For example, if you are in a car accident that leaves you unable to walk normally, your job as a server is compromised. The insurance company may owe you not just for the time you missed at work but also for the loss of your ability to do your job. That could be significantly more.
When you file a claim for lost wages and loss of earning capacity, our car accident attorneys will explore this particular need to determine if there is any indication that you should seek additional compensation. It will depend on your ability to fully recover from the accident, any lingering limitations on you or your health, your ability to do other types of work with retraining, and various other factors, so read our frequently asked questions to learn more.
Schedule a Free Consultation with Our Car Accident Attorney to Learn More
You can learn how to claim lost wages from a car accident by contacting our car accident attorney to get one-on-one support during a free consultation. When you allow our team to calculate and claim these losses for you, we can help you recover the compensation owed to you. Contact our South Carolina car accident lawyer now to learn more.
