I Was in a Car Accident, How Do I Recover Lost Compensation?

Steps to take to improve the chances of recovering full compensation for loss of income

If you’ve been in a car accident and are concerned about recovering your lost income while you cannot work, we can help you understand the steps to take. Feeling shaken is normal, and taking a deep breath and allowing yourself a moment to relax is normal.

As you recover from your personal injury, there are several steps you can take to enhance your chances of obtaining full compensation for your lost income and benefits. Here are the steps we suggest.

1. Complete your treatment plan.

You have to mitigate damages. If you do not complete your treatment plan, do not attend follow-up appointments with the doctor, or try to return to work before your doctor releases you, you could hurt your chances of recovering full compensation for an injury claim.

2. Keep a log of all missed work time.

Keep a daily log that details all missed work time. If your job entails overtime during specific periods, note which days or weeks you would have likely earned overtime based on your prior years.

3. Gather documents you may need.

You need proof of your past income. Therefore, begin gathering copies of your tax returns, pay stubs, W2 statements, 1099 statements, and other evidence of your income. You may also request a Wage Verification Statement from your employer to verify your job, title, pay, and benefits.

4. Complete a medical evaluation.

In addition to evidence proving your loss of income, you need a medical evaluation from your doctor. The medical assessment needs to state that the accident caused your injuries. The statement must also describe the type and extent of your injuries, how your injuries prevented you from working, and the type and extent of any permanent impairment. You cannot recover compensation unless you can prove that your injuries resulted from the accident and that you were unable to work because of your injuries.

5. Proof of fault for the accident.

You cannot recover compensation from the other driver unless you prove that the other driver caused the car accident. A personal injury lawyer can conduct a thorough accident investigation to determine how the accident occurred and who is responsible for the cause of the accident. The attorney gathers evidence to prove fault so that you can hold the at-fault driver liable for your loss of income and other damages.

6. Hire medical and financial experts.

Depending on the complexity of your injury case, you may need medical experts to help you prove that your injuries resulted from the crash. You must also prove that your loss of income and benefits were caused by the accident. Financial experts and economists calculate the loss based on the abovementioned factors. A medical expert provides additional information for the financial experts to use as part of their basis for calculating the future loss of income and benefits based on your prognosis and impairment rating.

7. Hire an experienced personal injury lawyer as soon as possible.

Loss of income damages in an accident case can be one of the more challenging aspects of calculating the value of an injury claim. The value of the loss of income claim relies heavily on the other aspects of the case, including proving fault and obtaining medical evidence. Documenting loss of income can also be complicated, especially if you cannot assist in gathering information because of your injury.

Having an experienced lawyer on your side can give you a better chance of recovering full compensation for your injuries. An injury attorney understands how to gather evidence, prove fault, and calculate damages. They also understand the tactics used by insurance companies to deny and undervalue valid injury claims. The insurance company has a team working to protect its best interests. You need and deserve a team of professionals to safeguard your best interests while you recover from accident injuries.

Elmm Law Group can partner with you in fighting for justice and getting you what you deserve: full compensation for lost wages and medical bills.