Yes, you can be reimbursed for lost wages after a car accident. However, to do so, you must show that you are unable to work due to the injuries suffered in the crash, are not at fault or partially at fault, and can present evidence of the financial loss.
A Charlottesville car accident lawyer can help you overcome the unique challenges of recovering your lost wages.
Evidence You Must Present to Be Reimbursed for Lost Wages After a Car Accident
These are the four key elements to prove when claiming reimbursement for lost wages following a car accident:
- Your injuries were caused by a car accident that was not your fault.
- Your injuries mean that you are unable to work.
- Expert witnesses believe you will be unable to work for a specified period.
- You earned a particular amount of money before you were hurt.
It is essential to note that in Virginia, you must be completely without fault to claim. In Virginia, showing you are not at fault is crucial to your compensation since even 1% fault on your part bars you from receiving compensation.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Arguments That May Be Presented To Disprove or Reduce Your Compensation
It may seem like a simple matter. Prove your earnings, show you were hurt in an accident you did not cause, and claim your lost wages plus other forms of compensation. However, this can be easier said than done, especially if you lack legal acumen and experience. Arguments may include:
- You were partly to blame for what occurred.
- Not all your injuries were sustained in the car accident.
- You are still able to work (expert evidence can counter this objection).
- You aggravated your own injuries, for example, by failing to follow doctors’ orders.
- You are seeking a higher recovery than you are entitled to receive
The higher your claim, the more closely it will be scrutinized. For instance, an insurance company’s investigators may seek evidence that you contributed to the accident. For this reason, you should know how to choose the right personal injury lawyer to represent you.
Factors That May Lead to Contributory Negligence Exceptions
In Virginia law, § 8.01-34 states that contributory negligence is enforced when accidents are caused by negligence. Most car accidents are caused by negligence rather than intentional wrongdoing.
The 1% contributory negligence bar to recovering compensation can present a serious obstacle for accident victims. However, there are some exceptions to the rule that may apply in your case:
- The “last clear chance” doctrine: Means that if the person who caused your accident could have avoided the crash but failed to act, you can still recover damages
- The rescue doctrine: States that if you were attempting to rescue someone from serious danger, you may still recover damages even if you were somewhat negligent in the process.
Both of these exceptions can be difficult to prove, but a lawyer can examine your case to see whether either can be applied. In its simplest form, showing that a driver could have avoided striking your vehicle may qualify you for compensation.
How Reimbursement for Lost Wages After a Car Accident Is Calculated
It’s important to note that in Virginia Law, you can claim for lost wages even if you were reimbursed from another source. You can find this provision in § 8.01-35. This means that you will show what earnings you lost and provide proof showing you are unable to work for a specific timeframe.
If you are employed by someone else, you should use your pay stubs to provide proof of:
- Your hourly wage or salary
- Your average overtime pay
- Evidence of paid leave you used after you were injured (this can also be reimbursed)
- Bonuses and commissions you routinely earned or were prevented from earning
If you are self-employed, you will need to submit tax returns, your business accounts, and any contracts you entered into with clients. In all instances, being reimbursed for lost wages after a car accident also covers situations in which you can still work, but will not be able to match your past earning capacity.
Claims For Lost Wages Are Often Substantial, But You May Be Entitled to Far More
When people have sustained injuries that make them unable to work, it always comes as a blow to their families’ finances. When you are likely to be incapacitated for a long time or are permanently disabled, your claim to be reimbursed for lost wages after a car accident is even more urgent.
Indeed, you will likely need much more than you can claim for lost wages. It is only one of the types of compensation you can get after a car accident. Although you are probably aware that you can claim medical costs, other types of compensation can help to secure your financial future.
It would be difficult to say what this may amount to without knowing more about your accident and your injuries. It’s another of the reasons you might require a personal injury lawyer, especially when your family’s future hangs in the balance.
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Our Charlottesville Car Accident Lawyers Can Help You Recover a Settlement
If you have been seriously hurt, you should look beyond claiming the financial costs of your injury. The personal costs will be deep as well. Compensation for things like pain and suffering or loss of enjoyment can increase your settlement.
At MartinWren, PC, our team has spent more than 15 years helping clients in situations just like yours. We will work tirelessly to help you get reimbursed for lost wages after a car accident, as well as any other losses you’re facing.
This allows you a worry-free recovery or the funds you need to support your family as you adjust to life after a disabling injury.
Contact us for a free case evaluation.
Call (434) 817-3100 or complete a Case Evaluation form
