Someone slammed into your vehicle, breaking your arm and causing severe neck discomfort. The victim is unable to return to work because they must endure weeks of medical treatment. Their company informs them that they are being fired because it needs the job done. As a result, the individual is suddenly jobless and without a steady income. What options do they have? Is it possible to sue the other driver for the job they lost due to a car crash?
One may be unable to perform their usual job activities due to injuries sustained in an automobile accident. Furthermore, a person's employer is unlikely to compensate them if they are not working, and the victim may lose their job entirely if they require any amount of time to recover.
If someone has been laid off due to dizziness after a car accident, contact The Keating Law Firm to speak to an auto accident lawyer who can help them recover damages for their lost wages and the job chances they've missed out on because they've been unable to work. Our attorneys have the skills and experience to show that one's employment loss is directly and proximately caused by car accident injuries.
What Do Car Crash Damages Include?
A few of the damages that one might be entitled to after they suffer injuries and losses in a motor vehicle accident with another negligent driver include:
The current and expected future medical bills
The value of the pain and suffering experienced by the victim
Compensation for physical and occupational therapy
Loss of companionship or consortium with any loved ones
Reduced job opportunities as well as lost wages
When it comes to individuals who are trying to recover these damages, the key element is to prove the connection between the financial burden and the car accident injury that was sustained.
How to Prove that One's Medical Condition and Injuries Are What Kept Them from Working
A car accident attorney makes use of various materials and documents to show that the victim's injuries caused them to lose their job. This includes a doctor's report and the victim's medical records, which describe how the disabilities and injuries are keeping the person from performing their duties. Secondly, the personal injury attorney also uses a notice of discharge from the previous employer as well as the salary and wage records.
Furthermore, the negligent driver who caused the car accident and their insurance company might challenge the claim. They can do this, for example, by counter-arguing that the injured driver might have been terminated from their job for other reasons. If someone is including a job loss in their damages claim relating to an auto accident, they need a personal injury and car accident attorney that has the necessary experience to prove the connection between the lost earning capacity and serious injury.
How to Prove Lost Income
It is critical to demonstrate the amount of lost income when one is unable to work due to their injuries. Additionally, one needs to be reimbursed for any sick days or holiday time they took while recovering.
The same is true for any additional benefits the victim may be entitled to as a result of their inability to work. Commissions, incentives, missed chances, and any other parts of the pay package are all factors to consider.
Gather documentation of the lost income by receiving a letter from the company detailing the salary and benefits, as well as the period of time one was out from work. If an individual was unable to work overtime as a result of their injury, that information must also be included.
People must also submit their tax returns from the previous year to show how much money they made. If the victim's work was more casual, pay stubs need to be submitted as evidence of the average earnings.
The Obligation to Find a Job that One Can Perform
If someone's injuries resulted in their permanent and total disability, they have no further obligation to secure an alternative form of employment. Nevertheless in almost every personal injury lawsuit, if someone is only temporarily or partially disabled, they have an affirmative duty to find a suitable job that they can perform even with their disabilities or within their limitations.
Additionally, people can still get damages for the lost wages and lost earning capacity that they encountered while they were unemployed due to the car accident. One's lawyer can calculate the damages that they are entitled to get within the specified circumstances of the claim.
What Are the Types of Damages One Can Get for a Lost Job?
In general, if the other motorist was at fault, one might be entitled to compensation for any lost wages or income as a result of the collision. People can sue the other driver for two sorts of damages if their employer fired them because they were unable to work due to their medical condition:
Specific damages
General damages
Special Damages
Firstly, one can sue for specific damages, such as lost salaries, benefits, profits, and business opportunities. People are almost certainly going to be entitled to the amount of money they would have made if they hadn't been hurt in the motor vehicle accident. The loss of income is estimated from the time of the crash until the victim's medical condition stabilizes.
General Damages
Secondly, one can sue for general damages, which includes future loss of wages and lost earning ability. The victim must demonstrate that they had the capacity to yield that amount of money in order to recoup future lost income and earning capacity. Unlike special damages, which are calculated by comparing one's talents before and after the car accident injury, the court evaluates the earning capability by comparing the skills before and after the injury.
Damages for Lost Wages, No-fault Insurance, as well as Disability Benefits
When it comes to certain no-fault insurance laws, one is entitled to receive reimbursement for lost wages for up to 80% of their salary. However, one can receive a maximum of $2,000 per month in New York, for example.
Furthermore, one needs to submit their claim for these other benefits within 30 days after the doctor certifies that the injuries were preventing them from working. These benefits expire after three years.
If the victim's damages exceed the maximum benefits that they can receive under the state's insurance laws, one might have the opportunity to sue the negligent driver who caused the auto accident. People are also entitled to disability benefits under state and federal law. An experienced and professional car accident attorney knows exactly how to analyze and pursue this and other information sources to help their client receive compensation that they deserve. This includes the largest sum of damages that are available.
Medical Documentation Is Critical
People must also submit a note from their doctor detailing the ailments and the reason they were unable to work during this time. If someone was permanently handicapped as a result of the accident and can never return to that job, the doctor needs to describe the nature of the disability and how it affects the victim's ability to work.
If someone was covered by their insurance company, their car accident lawyer in Columbus Ohio can assist them to get reimbursed for the five days they were not covered, as well as the 20% of the gross salary they were not paid.
Lost Wages and Insurance Companies
Drivers in numerous states can obtain lost wage coverage as part of their car insurance policies. The Personal Injury Protection (PIP) component of the policy includes this coverage.
If someone has purchased this insurance, their insurance company replaces their lost wages up to the full amount. Keep in mind that the insurer only pays up to 80% of gross salaries up to the policy limits for the first five days that one is out of a job.
What Happens If I Lose my Job Due to a Car Accident? Contact The Keating Firm!
A serious car crash has numerous consequences. If someone loses their work as a result of this, it just exacerbates everything else, including the mounting pile of medical expenses and medical treatment combined with a lack of income.
Regardless of the type of job the victim had or whether it was full-time or part-time, one can file a claim for lost pay, lost opportunities, and other economic losses. Because of these difficulties, injured individuals should seek legal advice as soon as possible.
Our law firm's car accident attorneys can help people discover who is responsible and complete the necessary papers for the claim, or launch a personal injury lawsuit against the negligent parties.
The personal injury lawyers at The Keating Firm defend injured people in litigation to obtain damages for lost wages and employment losses as a result of surviving car accidents caused by negligent drivers. Please visit our website or contact us to speak to one of our attorneys about the car accident and one's right to collect the full amount of compensation to which they are entitled. We value our attorney-client relationship and fight aggressively for our clients to receive a fair settlement.