The Hoffmann Law Firm, L.L.C. Articles Have You Missed Several Paychecks Due to a Car Crash?

Have You Missed Several Paychecks Due to a Car Crash?

By Christopher Hoffmann  Jul. 31, 2015 9:32a

If you have been injured in a car accident caused by another person’s negligence and you had to miss work because of it or you have missed out on other employment opportunities because of injuries or medical restrictions, you might be able to recover these losses from the person at-fault.

The person who gets injured in a car accident and is suing the person responsible for the accident can pursue lost wages resulting from the accident. For example, if a broken arm keeps you from doing your job, you are entitled to recover the income that you would have earned had the arm not been broken and you were still able to perform duties. In case, you could not go to work for a month because of the injury, you would be able to recover the wages you would have earned in that month.

Lost Earning Capacity

If a car accident cause long lasting or permanent injury and effects the person's ability to earn for an indefinite period of time, then the person may be entitled to receive compensation for "lost earning capacity". In some cases, the injured person may still be able to work, but the disability may prevent him/her from taking up a higher paying job. In such cases you can claim compensation or lost earning capacity. Even loss of stamina and chronic pain qualify as disabling injuries and you can claim compensation or them.

It is important to note that the car accident can even aggravate a pre-existing injury and effect a person's earning capacity. This too qualifies for a wage loss claim.

Proving Lost Wages and Lost Earning Capacity

In order to prove lost wages, the injured person will have to submit the most recent pay-check that the person received prior to the injury. Remember, you can recover damages for any non-salary benefits that you might have earned if the injury had not occurred.

However, it might not be very easy to prove lost earning capacity as it may involve speculation about the future. Depending on the seriousness and type of injury in some cases it might be evident that the earning capacity would be diminished. Even in this case, it might be difficult to calculate the exact amount that you can recover. A simple way to make a calculation is to compare the pay checks before and after the car accident. It might be necessary to get some expert witnesses to testify and put a number to the diminished earning capacity. Things become even more complicated if the injuries have led to permanent disability.

If you have been injured in a Missouri auto accident, and you have had to miss several pay checks as a result, you have a right to pursue compensation from the at fault driver.

Contact our St. Louis car crash attorneys 24/7 at (314) 361-4242 for a free consultation.

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