Following a car crash, can I be compensated for lost wages?
On behalf of The Law Offices of Dan F. Partin on Thursday, March 21, 2019.
A car crash was the last thing you expected right now, but it happened, and now you are trying to figure out how to live your new normal. As a result of this event, you suffered injuries that have made it impossible for you to work. You do not know if or when you'll be able to return to work. The lost wages on top of the physical and emotional losses you've experienced have really started to take a toll on you and your family. What can you do?
If your car accident injuries resulted from another person's negligence, you may seek compensation for your losses, including your lost wages, through legal means. Just know that you only have so much time to file civil actions against the responsible party thanks to the statute of limitations set by the state of Kentucky.
Following a car crash, the responsible party's insurance provider -- assuming he or she has insurance -- will contact you with a settlement offer. If an uninsured or underinsured driver hit you, you may have to seek relief from your own insurance provider. The amount offered may be tempting during your time of need, but take a close look at the number. It may not cover all of your losses. It is usually just enough to cover basic medical bills and property damage.
Car accident injuries can affect you for the rest of your life. You may need medical care for years on end, suffer from emotional trauma that requires therapy and remain unable to work temporarily or permanently. The insurance settlement offer is not likely to cover all of your losses. Thankfully, you have the right to refuse and request more by sending a formal refusal letter stating your demands. If the insurance provider refuses to budge, you can take the matter to court.
When it comes to lost wages, how much can I get?
When it comes to recovering lost wages, specifically, how much you can get depends on a number of factors. Insurance providers and the court will look at:
How much work was missedYour ability to return to workYour lost earning capacityAny other benefits lostInsurance coverage amounts
Whether you are fighting an insurance company for the payment of lost wages or you are litigating the matter in court, providing accurate and detailed information and statements that support your case is necessary. If anything is missing or inaccurate, claim denial is likely.
Achieving compensation for lost wages following a car crash is not necessarily an easy feat. With the right assistance, though, you can do everything possible to seek maximum relief.