Many accident victims need to spend several weeks in hospital, followed by months doing physical therapy. As a result, they miss many paychecks, while medical care debt accumulates. Thankfully, a Cleveland car crash lawyer can help you recover all the eligible damages from the at-fault driver, including lost wages.
Here is what you need to know on this topic:
What Are the Eligible Types of Income You Can Recover in an Accident Claim?
Most people will only tell their attorney about the hourly wage they make. However, many workers receive other types of benefits from their employer, which are eligible for recovery in an insurance claim.
The concept of lost wages includes:
- Sales commissions
- Tips
- Bonuses
- Paid medical leave and paid personal time off
- Potential promotions and raises
- Employer’s health insurance plan
- Employer’s matching contributions to your retirement plan.
How to Prove Lost Wages in a Car Accident Claim
In any personal injury claim, the plaintiff has the burden of proof. Thus, your attorney will need to attach supporting evidence to the demand letter claiming damages. This means that you only can claim lost wages you can prove with documents.
Such documents are:
- Paystubs from the period before and after the accident – these are needed not only to evaluate lost hourly wages, but also any decrease in income, if you have to change your job
- The W-2(s) form for the previous year
- A Wage Verification issued by your employer
- Statement from your employer detailing any missed bonuses or promotions you missed during the absence from work.
If you are self-employed or run a business, you will need to supply your lawyer with other types of documents, such as:
- Tax return
- Bank statements
- Statements from clients specifying how much they pay for ongoing work or projects you could not accept while recovering from your injuries.
Your May Seek Damages for Loss of Earning Capacity
In some cases, car accident injuries are so severe that they leave you with a permanent disability. This disability may prevent you from returning to your job, or even working at all.
In this situation, your Cleveland car crash attorney will seek damages for loss of earning capacity. To evaluate these damages, the lawyer may consult with a HR specialist to evaluate how much money you could have made until retirement and how much you could have saved in your 401Ik) retirement fund.
These are future damages, which you will incur as a result of the accident. Thus, the at-fault party should compensate you for them.
Your Damages Will Be Reduced by Your Contributory Fault
Many people are wondering if they will collect the exact amount specified in their demand letter. The answer is generally no. Here is why it is so. Ohio is a comparative negligence state for all personal injury cases (including car accident claims).
As a result, your own percentage of fault has to be determined during settlement negotiations. This percentage will be used to deduct from your total damages. For example, if you were 10% at fault and your total damages amount to $50,000, you may not collect more than $45,000.
In case you were wondering, cases where only one driver bears 100% of the fault are very rare. An insurance adjuster will find evidence showing that you were also slightly negligent. Your lawyer’s job is making sure that your percentage of fault is fairly determined, and not higher.
A Cleveland Car Crash Lawyer Will Help You Recover Lost Wages
You should not start evaluating lost wages and negotiating with an insurance adjuster on your own. If you overlook any type of income, you will not have a second chance to recover it.
An experienced Cleveland car accident attorney knows how to identify all eligible damages and fight for a fair settlement for your claim.
As a new client, you benefit from a free case evaluation, so call us as soon as possible after your accident at 844-853-7373!
