Car accidents are disruptive events that can leave you dealing with injuries, medical bills, and lost income. In Phoenix, AZ, if you’ve been injured in a car accident and can’t work, you might be wondering how to claim lost wages. Understanding the process and the evidence required can help ensure you recover the compensation you’re entitled to.
What Are Lost Wages?
Lost wages refer to the income you would have earned had you not been injured in a car accident. This includes any salary or hourly wages, commissions, bonuses, and other forms of compensation that you would have received if you had been able to work.
Lost wages can also extend beyond just the immediate time you were unable to work. If your injuries cause long-term issues that affect your ability to work in the future, you may also be entitled to compensation for future lost wages or diminished earning capacity.
How to Calculate Lost Wages
Calculating lost wages depends on several factors, including whether you are salaried or hourly. Here’s a general approach to calculating lost wages:
- Salaried Employees: If you’re a salaried employee, lost wages are calculated based on your regular salary, prorated by the number of days you missed due to the accident.
- Hourly Employees: For hourly employees, lost wages are calculated based on your average number of hours worked per week multiplied by your hourly rate.
- Self-Employed: If you’re self-employed, calculating lost wages can be more complicated. You’ll need to provide proof of your income before and after the accident, such as tax returns or profit and loss statements, to show the income you lost.
Steps to Claim Lost Wages After a Car Accident
- Get Medical Documentation
The first step in claiming lost wages is to obtain medical documentation that proves your injuries prevented you from working. Your doctor should provide a detailed narrative that includes your diagnosis, the treatment plan, and the expected recovery time. The more specific your doctor’s narrative is, the stronger your claim will be. - Gather Employer Documentation
Next, you will need to gather proof of your lost income. If you are employed, ask your employer for a written statement that includes the following details:- The days you missed from work
- Your hourly wage or salary
- The number of hours you usually work each week
- Any overtime or bonuses you would have earned during the period you were unable to work
- Keep Track of All Forms of Compensation
In addition to lost wages, you may also be entitled to compensation for lost benefits. This could include paid time off (PTO), sick days, vacation days, bonuses, or other perks. Make sure to keep track of all these losses and include them in your claim. - Prove Future Lost Wages
If your injuries have long-term effects on your ability to work, you may be entitled to compensation for future lost wages. This can include situations where your injury results in permanent disability or a reduction in your earning capacity. In these cases, expert testimony from economists or vocational experts may be needed to calculate the long-term financial impact. - Work with an Experienced Lawyer
Filing a lost wage claim can be complicated, and insurance companies often try to minimize the amount they pay out. An experienced personal injury lawyer can help you gather the necessary evidence, negotiate with insurance companies, and ensure you receive fair compensation for your lost wages.
Who Is Responsible for Paying Your Lost Wages?
In most cases, the at-fault driver’s insurance company will be responsible for compensating you for lost wages. However, if the at-fault driver is uninsured or underinsured, your own insurance policy may cover the lost wages. Additionally, if your employer’s actions or negligence contributed to the accident, they might also be liable.
In some cases, third parties, such as a manufacturer of a defective vehicle part or even a government entity responsible for road maintenance, may also be held responsible for your lost wages.
The Statute of Limitations in Arizona
In Arizona, you have two years from the date of the accident to file a personal injury claim, including claims for lost wages. However, the sooner you start your claim, the better, as evidence can deteriorate over time and witnesses may become unavailable. It’s important to contact a personal injury attorney as soon as possible to ensure you don’t miss any deadlines.
Common Challenges in Lost Wage Claims
While claiming lost wages seems straightforward, several issues can complicate the process, including:
- Disputes Over the Extent of Your Injuries: If the insurance company disputes the severity of your injuries or argues that you could have returned to work sooner, this can delay or reduce your claim.
- Self-Employment: Proving lost wages for self-employed individuals can be tricky. You’ll need to provide evidence of your previous income and how it was impacted by the accident. Working with an accountant or financial expert can help strengthen your claim.
- Overlapping Sources of Income: If you work multiple jobs or receive income from different sources, it may be challenging to prove the total amount of lost wages. You’ll need to provide records from all of your employers or income sources.
How CLS Law Can Help You
At CLS Law, we understand the financial and emotional toll that a car accident can take on your life. Our team of experienced personal injury attorneys in Phoenix can help you recover compensation for lost wages and other damages after an accident. We will investigate your case, gather the necessary evidence, and negotiate with the insurance companies on your behalf. If necessary, we are also prepared to take your case to trial.
If you’ve been injured in a car accident and are struggling to make ends meet due to lost wages, don’t wait—contact CLS Law today for a free consultation. We will fight to ensure you receive the compensation you deserve.
Contact CLS Law For Legal Help
To schedule a free consultation with a personal injury attorney, call CLS Law at (855) 257-9467. Our team is ready to help you through this challenging time and ensure your rights are protected.