How to Recover Lost Wages After a Car Accident in Alabama
Alabama law allows car accident victims to file a claim for lost wages if they suffer injuries that prevent them from working. Compensation for lost earnings typically comes through a settlement with the at-fault driver’s insurance company. In some cases, victims may need to file a personal injury lawsuit against the responsible party to recover money for lost income.
Determining what qualifies as lost wages, calculating the total value of your losses, and filing a successful claim can be challenging for anyone without a thorough knowledge of Alabama personal injury law. An experienced Alabama car accident lawyer from Gartlan Injury Law can help you file your claim and avoid settling for less than you deserve.
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What are Lost Wages?
Lost wages refers to the income you could not earn due to your car accident injuries. These losses include your regular salary or hourly pay and other forms of compensation, such as bonuses, commissions, and benefits. You can claim lost wages for the time you have already missed at work, and for future time off you’ll need for ongoing medical treatment or recovery.
What Can Be Included in a Lost Wages Claim?
A lost wages claim requests money for:
- Regular salary or hourly pay
- Overtime pay
- Bonuses and commissions
- Tips and gratuities
- Benefits, such as health insurance or pension contributions
- Paid time off, including vacation days and sick leave
- Perks, such as a company car or meal allowances
It is essential to keep detailed records of all forms of compensation you lost due to the crash to ensure that your claim is comprehensive.
How Does a Lawyer Calculate Lost Wages?
One of the initial challenges of recovering lost wages is knowing how to determine how much you are entitled to claim. To calculate lost wages, a lawyer will typically:
- Determine your average weekly wage by reviewing your pay stubs or tax returns
- Multiply your average weekly wage by the number of weeks you have missed work due to the accident
- Add any lost overtime pay, bonuses, commissions, or other forms of compensation
- Factor in any projected future time off needed due to long-term treatment or rehabilitation
In cases involving self-employed individuals or those with irregular income, a lawyer may need to consult financial experts to calculate lost wages accurately.
Proving Lost Wages After a Car Accident
You will need to provide extensive documentation supporting your claim for lost wages. Examples include:
- Pay stubs or tax returns demonstrating your average income before the accident
- A letter from your employer confirming your missed time at work and any lost compensation
- Medical records showing the extent of your injuries and the time needed for recovery
- Statements from your doctor indicating any future time off required for ongoing treatment
Your lawyer will use this evidence to build a strong case for your lost wages claim, negotiate with the insurance company, and argue your case in court if necessary.
Can I Also Receive Compensation for Lost Earning Capacity?
In addition to the income you lost due to missed time at work immediately after an auto accident, you may also be eligible to claim compensation for reduced earning capacity. This money addresses the fact that many crash-related injuries become long-term or permanent, preventing an individual from returning to their previous jobs.
For example, a construction worker who loses the use of an arm due to an auto accident may be unable to return to performing building work. If the only work available to them pays less than they made as a construction worker, a skilled car accident attorney can pursue recovery of the difference between what they would have made throughout their career if the collision never occurred and what they are projected to make in a new line of work.
Calculating future lost wages due to reduced earning capacity may require consulting economic specialists who can calculate your work life expectancy, projected cost of living and inflation numbers, and other relevant factors.
Suing for Lost Wages After an Alabama Car Crash
While most car accident claims settle out of court through negotiations with the at-fault party’s insurance company, insurers may find reasons to reject your claim or refuse to offer you a fair settlement. In such cases, your only option to recover lost wages may be to file a car accident lawsuit against the at-fault party.
Suing for lost wages is a significant step, and the legal process has considerable potential pitfalls. Working with a knowledgeable Alabama car accident attorney can protect you from unfair attempts to deprive you of your rightful compensation. At Gartlan Injury Law, our proven trial lawyers will fight aggressively for the best possible result in your case.
Contact an Alabama Car Accident Lawyer
A car accident can leave you with overwhelming uncertainty and anxiety about how to pay the bills, especially when your injuries keep you out of work. Don’t lose hope. Compensation for lost wages is possible after a collision caused by someone else in Alabama. However, the path to success can be challenging on your own.
The skilled Alabama car accident attorneys at Gartlan Injury Law can calculate your lost wages and demand every penny from the responsible party. We have successfully recovered millions of dollars on behalf of injured people. Call or contact us online today for a free consultation.
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Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.
