After a car accident, you may be struggling with injuries. These injuries can prevent you from returning to work and providing for your family. In some cases, you may be out of work for a significant amount of time, making it difficult to pay mortgages, utilities, and other monthly expenses. During this time, you need to be sure that you are compensated for your lost paychecks. The driver who is “at fault” for the accident, will also be responsible for reimbursing you for lost time at work. However, recovering “lost wages” after an accident isn’t always easy. Here’s how to recover lost wages after car accident.
Lost wages refers to the amount of money you would’ve earned from your employer had you not been forced to miss work after your accident. However, it is important to know that lost earning capacity and lost wages are different in this situation. Lost wages directly refers to the money you didn’t earn because you weren’t able to go to work. Lost earning capacity, however, refers to any disability that diminishes your ability to work the same way you did before.
After an accident you can submit a claim to your insurance company or the at-fault driver’s insurance company, or you can file a personal injury lawsuit against the driver. Before submitting a claim, you will need to support and prove that you lost wages as a result of the accident. This may mean attaching supporting documents, such as:
- Doctor’s notes – you will need a note that you sustained injuries that led to your missed time of work. Your doctor must have approved or recommended the time off.
- Paystubs or work documents – you will also need to show that you actually missed work and that this led to your lost wages. Showing conclusively how much you made before your injury and how much you made after your injury is important to establishing lost wages.
- Letter from employer – your employer should submit a letter confirming lost time at work, including days absent, your pay level, and hours you usually work each pay period.
While this may seem easy enough, it can be difficult to collect lost wages, especially when pre-existing conditions have been aggravated or when you’ve missed work on some days but not on others. Consider this example: Ruth had a history of back pain which caused her to miss the occasional day of work when it flared up. After her accident, however, she began to miss more days of work because her back injury was worsened. On some days, she could get through the day just fine, but other days she couldn’t.
In this scenario, Ruth deserves to be compensated for the number of days she missed work that was different from the number of days she missed before. However, insurance companies will be looking for any way to deny these types of claims and they may argue that her pre-existing condition prevents her from recovering lost wages. When this occurs, it is important to have an experienced Denver car accident attorney on your side to fight for your rights.
Contact Our Denver Car Accident Lawyers
If you or someone you love has been injured in a car accident in Denver, Aurora, Littleton, Boulder, or anywhere in the state of Colorado, it is important to know your legal rights to compensation. Your attorney can protect your rights during this time and ensure that you receive the money you need to pay for medical expenses, lost wages, pain and suffering, and more. Call Denver attorney Robert Paysinger today to discuss your case. Our law firm offers FREE case consultations and can be reached at 303.279.0221.
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Thank you so much for all of your hard work. I think you did a great job! I will definitely pass your name along to anyone I know who’s hurt for the free consultation.
I don’t know where I would be without the Law Offices of Robert Paysinger. It was a very emotional experience, and I feel as if I owe Mr. Paysinger my life! The other lawyers would promise everything, but it was only here that I felt his integrity and willingness to live up to his word. He and the paralegals were so incredibly helpful throughout the strenuous process of my case. Going through a lawsuit is an emotional roller coaster, but whenever I was confused they would sit and explain everything in terms that I could understand. They provided an emotional support and treated me like family. It’s never about the money there, but about you, if you are upset they will do everything to help you, and work extremely hard for you. They are extremely honest and straight forward. I would recommend Mr. Paysinger to everyone, because they truly and genuinely care about you.
At the Law Offices of Robert Paysinger, I was very pleased with the professionalism and courteousness of everyone who worked on my case. I had a horrible experience with my boss and dealing with my company regarding my workman’s comp. I came to the Paysinger Law Offices and received a settlement for what was needed to further my medical care so that I can heal and get back to work. He defended my rights when they were violated and I am very happy with the results! Thank you!
I, James Pacho, appreciate everything that the Law Offices of Robert Paysinger, PC. For the help of making me get the amount of money I received including reducing my hospital bills, helping to get me a home.
James E. Pacho
Thanks to Robert Paysinger and Thomas Quinn for the hard work with my case. You guys are excellent and I will recommend you to everybody else. Keep doing an excellent job.
Thank you so much for all the hard work to Robert and his staff. I was very happy with all their services.
Thanks, Robert, for all the help with my accidents (both of them). You always promptly returned my calls and were extremely helpful whenever I had questions. After my motorcycle accident, you helped me understand how to better protect myself in the future, and because of that when I got in my car accident a year later, you were the only person I considered calling.
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