Missing work due to a car accident creates a situation where you may fall behind on payments and your financial health takes a hit.
You could have a short-term disability after a car accident, such as a broken hand that prevents you from typing.
You may ask, Can I sue for lost wages in a car accident?
A lawsuit against an at-fault party can help you recover your wages, provided you have the correct proof.
How to Claim Lost Wages from a Car Accident
Claiming lost wages from a car accident involves proving two things.
The first is to demonstrate your injury and how it rendered you unable to work.
The second is to show with financial documents how much money you have lost due to missing work.
Proving You Missed Work Due to Your Injury
When suing for lost wages from a car accident, you can’t succeed if you don’t directly link the injury you suffered to missing work.
Common ways to prove your injury include getting medical records and doctor statements.
In addition to these, your employer can provide valuable evidence through a letter describing your absence from work.
Demonstrating Lost Income
After showing your injury, the next step is proving how much money you have lost. This step involves a lot of paperwork and evidence gathering from your employer.
You can support your claim for lost wages from a car accident with injury using the following evidence:
- Pay stubs,
- W-2 tax forms,
- Timesheets and time cards,
- Letter of confirmation from your employer, and
- Income tax returns.
If you collect all this evidence, the other side will be hard-pressed to avoid paying out a settlement for your lost wages.
If you have lost wages from a car accident without injury, similar documents will be required, but it will be far more difficult to recover money.
If you’re self-employed, that can add an additional wrinkle to proving lost wages.
How to prove loss of income if self-employed
Establishing loss of income when you’re self-employed is more difficult than if you work for someone else, but it involves similar documentation.
You can provide your 1099 tax forms, income tax returns, and bank account statements to show your loss of self-employment income.
Will Car Insurance Pay for Missed Work?
Your own Alabama car insurance policy will not generally pay for your time off work.
While some types of personal injury protection (PIP) policies do cover some lost wages, those policies are not available in Alabama.
However, you can make a claim against the at-fault party’s insurance company for your lost wages.
If the other party caused the accident, their insurance is responsible to pay all your damages, including lost wages, up to the amount of the policy limit.
If the other party is uninsured or underinsured, you may be able to seek compensation for lost wages from your own uninsured/underinsured motorist policy.
Call Fob James Law Firm, LLC Today
If you suffer an injury and you still have questions about how to claim wages from a car accident, don’t hesitate to contact us.
Our attorneys work tirelessly to give you the same care a small law firm would, with the resources of a large firm.
We have fought for injury victims for over 40 years and would be glad to fight for you.
Contact us today, and we will do our best to help you gain back the compensation you deserve.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.