Determining Lost Wages In An Accident In Delaware
Lost wages are an important way to garner fair recompense in a personal injury case. Medical bills and actual physical injury can affect you immediately after an accident, but they are not the only thing that can affect you in the long term.
If you have retained severe injuries like fractures or you need to have an overnight hospital stay, you are most likely not going to be able to go back to work. And even if you didn’t have fractures, you still may be unable to work for some time. If this happens due to a car accident caused by the negligence of another driver, you are entitled to regain your lost wages.
Lost wages are usually recoverable with an insurance claim that is put against the negligent driver’s carrier or even your own insurance if the other driver is uninsured.
The Types of Lost Wages
- If you are hurt in a collision, your doctor may deem you unable to work. Because of this, you may not get paid for that time of missed work. However, you can regain those wages in a personal injury civil case. You can regain wages for the time that you’ve missed from work to go to doctor’s appointments. Always track and document all doctor’s notes, prescriptions, and charts that show you couldn’t work. This will help determine your lost wages.
- Future lost wages can take place if you retain trauma, like fractured bones, serious disc injuries, or even paralysis. If a doctor says you are no longer able to work in the future, you may have a case for regaining future income. As well, if the claim has wrongful death, family members can regain the deceased’s loss of future income. Proving this income may require an expert witness.
- Diminished earning capacity refers to lost wages where you are able to go back to work but not in the same way you were before the accident. For instance, you may only be able to work part-time or have a diminished earning capacity.
Proving Lost Wages
In a personal injury claim, lost wages need supporting documentation to help prove the case. Here are some examples.
- A company letterhead where your boss has stated wages that have been missed.
- A lost wage form fro your human resources department.
- Bank statements and tax returns.
- Evidence from customers that confirm your job could be not able to be performed.
- Past earnings evidence like pay stubs to estimate your wages.
- Expert witnesses can prove future lost wages and your diminished earning capacity.
Delaware Car Accident Lawyers
If you were hurt in an accident, or you lost a loved one, contact the Delaware personal injury lawyers at Edelstein Martin & Nelson. Our attorneys take care of lawsuits for serious and traumatic injury in collision cases, and we can help you.
Contact a knowledgeable personal injury attorney at Edelstein Martin & Nelson. It is very important to talk to an injury lawyer as soon as possible. Together, you can get the fair and just recompense you deserve. Contact us today!