Car accidents can affect every aspect of your life. You might be unable to work for days, weeks, or even longer.
Missed work due to a car accident can cause financial distress for many people.
In most cases, if you’re pursuing a personal injury claim for compensation, you can include a claim for loss of earnings.
If you have questions about seeking reimbursement for lost wages due to a car accident, contact the car accident lawyers at Tawney, Acosta & Chaparro P.C. to discuss your legal options.
Who Is Responsible for Missed Work Due to a Car Accident?
In some accidents, determining who is responsible for your injuries and lost wages can be complicated. It’s not uncommon to have more than one defendant, especially if the accident involved more than two vehicles.
Company-owned or government vehicles also add a layer of complexity. An experienced car accident lawyer can identify all of the parties who might be responsible for your losses.
Proving Liability in a Car Accident Claim
Before discussing how to pursue a claim for missing work due to a car accident, you must understand how to prove the defendant is liable for your losses.
In a standard negligence claim, you must prove the following:
- The defendant owed you a legal duty;
- The defendant breached their legal duty;
- The defendant’s breach caused your injuries; and
- You suffered damages, such as lost wages.
If you prove all four of these elements, the defendant can be held liable for your damages. You must prove the defendant is liable to collect compensation for your missed time from work.
Evidence You Need for a Loss of Earnings Claim
If you’ve experienced a loss of wages due to a car accident, you must prove the other party is liable, and you must prove your damages.
It’s not necessarily enough to say you’ve missed a certain amount of time from work due to injuries, even if you can prove liability. You need evidence that shows how much money you’ve lost.
Evidence that can support your loss of earnings claim includes:
- Paystubs,
- Timecards or entry records from a reporting system,
- Letter from human resources,
- Doctor’s notes detailing your inability to work,
- Company handbook showing employment compensation,
- Logs showing vacation and sick leave accruals, and
- Tax returns.
The more evidence you have, the better. In cases involving severe injuries, you might be unable to return to your previous career. Your attorney might need to hire one or more experts to explain your injuries, prognosis, and what type of work you can do now.
If you are permanently disabled, your attorney might need to hire an expert to calculate the value of your future loss of earning capacity.
Contact a Car Accident Lawyer Today
If you need assistance with a lost wages claim, let the experienced car accident lawyers at Tawney, Acosta & Chaparro P.C. assist you. We have years of experience representing injured car accident victims in Texas and New Mexico.
If your accident occurred in either of these states, we can help you fight for the compensation you deserve after you missed work due to a car accident.
Contact one of our conveniently located offices to schedule a consultation so we can review your case.
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona where he attended Northern Arizona University where he received his undergraduate degree. James then went on to attend Texas Tech University School of Law in Lubbock, Texas. In 2016, he, along with fellow plaintiff’s attorney Alejandro Acosta, founded Flores, Tawney & Acosta, P.C. with offices located in Las Cruces and Carlsbad, New Mexico, and El Paso, Texas.
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