When a person is hurt in a motor vehicle accident, they often have immediate expenses to worry about – like medical bills and property damage. They may also have other costs that pop up over time, such as being out of work for days, weeks, or months as they recover. In some cases, their ability to work is permanently affected.
A lost wages claim can help you recover money for the income that you missed because of an injury from a car accident. If your injury was minor, your own car insurance will cover 60% of your lost wages. However, if you suffered a serious injury, our Vero Beach personal injury attorneys will help you pursue legal action against the at-fault driver so that you can get the compensation that you deserve.
At Gould Cooksey Fennell, we are fierce advocates for accident victims throughout Indian River County, Florida. We will work hard to help you get every penny that you are entitled to under the law, including money for lost wages and reduced earning capacity. Reach out to our law offices today to schedule a free initial consultation with a Vero Beach car accident lawyer.
How You Can Recover Lost Wages After a Florida Car Accident
Florida is a no-fault insurance state for car accidents. All Florida drivers are required to purchase a minimum of $10,000 in personal injury protection (PIP). When you are involved in a motor vehicle accident, your own insurance will pay 80% of your medical bills, 60% of lost wages, and 100% of replacement services costs up to your policy limits – regardless of who was at fault for the crash.
With PIP coverage, you won’t have to worry about getting your immediate losses covered after an accident. You can file a claim with your own insurer and have your bills paid without going through the legal process. However, PIP coverage is limited to your policy limits – and it won’t pay for the full amount of your losses. It also does not cover other types of losses, such as loss of enjoyment of life or emotional distress.
If you suffered a “serious injury,” then you can still file a personal injury lawsuit against the at-fault driver. A serious injury is a (1) significant and permanent loss of an important bodily function; (2) a permanent injury within a reasonable degree of medical probability; (3) significant and permanent scarring or disfigurement; or (4) death. If your injury can be considered “serious,” then you can pursue legal action against the responsible party.
Of course, insurance companies are often eager to characterize injuries as minor. After all, if you had a minor injury, then your own insurance will cover your lost wages – and they won’t be on the hook for any compensation for your lost income. Unfortunately, this may mean that you will only recover 60% of your lost wages up to your policy limits.
Keep in mind that your policy limit includes compensation for all losses covered by PIP, including medical bills. If you have an MRI, x-rays, or other testing, this can quickly deplete your PIP policy. That is why it is so important to seek legal representation after a Treasure Coast motor vehicle accident.
A seasoned Vero Beach car accident attorney can advocate for your right to full compensation, which includes working with experts to ensure that your injury is properly classified as serious. This will allow you to file a legal claim against the at-fault driver and their insurance company for the full amount of your lost wages.
What Are Considered Lost Wages?
In a Florida personal injury claim, you might be entitled to money for all of your losses – including any income that you lost while you were unable to work. Lost wages include all of the income that you would have earned at your job from the point where you were injured until you are able to return to work.
Lost wages include all compensation that you would have received if you had been able to work – wages, benefits, bonuses, and more. If you lost out on income because of an injury related to a car accident, then you might be able to make a claim for lost wages.
For example, consider a situation where you were rear-ended by another vehicle while stopped at a red light. You are diagnosed with whiplash from the accident and are out of work for 3 weeks while you recover. You will be entitled to recover all of the compensation that you lost because of the injury – whether you are paid an hourly wage or a salary.
If you are paid $20 an hour and typically work 40 hours per week, then your total lost wages claim would be 40 hours a week x 3 weeks x $20 – or $2,400. If you are salaried, then you can figure out your hourly wage by dividing your salary by the number of work hours in a year. You can then multiply the number of hours of work that you missed by this hourly amount to come up with a total.
Of course, if you receive additional compensation beyond your hourly wage or salary, then you might be entitled to more money. A Vero Beach car accident attorney can help you determine exactly how much money you might be entitled to for your lost wages based on the facts of your case.
Proving Your Florida Lost Wages Claim
Lost wages are a type of economic damages, which are often readily proven through documentation. To prove your past lost wages, you may submit evidence such as:
- A note from your doctor to demonstrate that you are unable to work and/or are on work restrictions;
- Recent pay stubs or other proof of income (such as past tax returns if you are self-employed); and
- A letter from your employer that documents the number of days that you missed work, your hourly wage or salary, and your typical work schedule (i.e., hours worked per week).
These documents are all critical to proving that you lost wages as a result of the injury that you suffered in the accident.
Future lost earnings are a bit harder to prove because they are more speculative. The value of a reduced earning capacity claim will be based on whether an accident victim can work at all, if they can work in another profession, and other factors like their age (i.e., how close they are to retirement age). Our seasoned Vero Beach car accident lawyers will work with you to develop a claim for both lost wages and reduced earning capacity, working with experts to put together a strong case.
Are You Entitled to Future Lost Earnings?
Yes, in addition to any wages that you have lost, you might also be able to recover for your reduced earning capacity. This may also be referred to as future lost earnings. Essentially, you will be compensated for the amount of income that you won’t earn in the future because of the injuries that you suffered in the accident.
Future lost earnings are based on how a person’s injury impacts their ability to work over time. In some cases, an accident victim might not be able to return to full-time work – or they might have to switch to a different type of work because of their injuries. They might also have restrictions on their ability to work (such as not being able to lift anything over a certain weight or to stand for long periods of time) that can impact their earning potential.
In other cases, an accident victim might not ever be able to return to work. If a person suffers a permanent disability (such as a traumatic brain injury), then their reduced earning capacity will be much higher. An experienced Vero Beach car accident can help you get the compensation that you deserve for your lost wages and future lost earnings.
Can You Claim Lost Wages If You’re Self-Employed?
Yes. While it can be slightly more difficult to prove, you can still seek compensation for lost wages if you work for yourself or work more sporadically. We will rely on a variety of evidence, such as 1099s, past tax returns, contracts, and communications from clients, to prove that you lost income because of your injuries.
Our Vero Beach car accident attorneys are committed to helping our clients get maximum compensation for their injuries. Call Gould Cooksey Fennell today to schedule a free initial consultation.
How To Pay a Car Accident Lawyer?
Our law firm handles personal injury cases on a contingency fee basis. This means that you won’t pay anything up-front and will only pay an attorney’s fee if we recover money for you. Any fee that you pay will be a percentage of your total recovery through settlement or verdict at trial.
A contingency fee agreement makes it possible for anyone to hire a lawyer, even when they’re dealing with financial strain when out of work after a car accident. In the Treasure Coast region, contact Gould Cooksey Fennell to talk to an experienced car accident attorney.
How Long Do I Have to File My Accident Claim?
In Florida, the statute of limitations for personal injury claims is 2 years. With a few limited exceptions, this means that you have 2 years from the date of your accident to file a lawsuit. You also have to seek medical treatment within 14 days of your accident to file a PIP claim with your own insurance company.
If you have been hurt in any type of accident, your best course of action is to act sooner rather than later. Reach out to Gould Cooksey Fennell today to schedule a free initial consultation with a Vero Beach personal injury lawyer.
Hurt in an Accident? Give Our Law Firm a Call.
Lost wages are an important component of any car accident claim. Depending on the seriousness of your injury, you may be limited to getting money through your PIP coverage – or you might be able to file a personal injury lawsuit. Our law offices will work with you to help you get maximum compensation for your lost wages and reduced earning capacity.
Gould Cooksey Fennell represents individuals in the greater Vero Beach region with all types of accident claims, including slip and falls, motorcycle accidents, and car accidents. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to talk to a Vero Beach car accident lawyer, give our law offices a call at 772-231-1100 or fill out our online contact form.
