Recovering Lost Compensation After a Car Accident
After a car accident in Arizona, knowing exactly what to do in the first 24 hours protects your claim, and recovering lost income compensation requires completing your treatment plan, documenting missed work, gathering income records, proving fault, and hiring an experienced personal injury lawyer.
TL;DR: Key Takeaways
- You must complete your prescribed treatment plan and attend all follow-up appointments, or you risk reducing your compensation for lost income.
- Keep a daily log of all missed work time, including overtime you would have earned based on prior years.
- Gather proof of past income such as tax returns, pay stubs, W-2s, 1099s, and a Wage Verification Statement from your employer.
- A medical evaluation must confirm that the accident caused your injuries, describe their extent, and explain how they prevented you from working.
- You cannot recover compensation from the at-fault driver without proving that driver caused the accident, a personal injury lawyer can conduct a thorough investigation to establish fault.
- Medical and financial experts, including economists, may be needed to calculate future loss of income and benefits based on your prognosis and impairment rating.
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. Recovering Lost Compensation: 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.Recovering Lost Compensation: 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.Recovering Lost Compensation: 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.Recovering Lost Compensation: 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.Recovering Lost Compensation: 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. Recovering Lost Compensation: 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. Recovering Lost Compensation: 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.
Contact us today for a free consultation about how you can recover lost compensation.
Frequently Asked Questions
What documents do I need to prove lost income after a car accident?
You should gather copies of your tax returns, pay stubs, W-2 statements, and 1099 statements as proof of past income. You may also request a Wage Verification Statement from your employer to verify your job title, pay, and benefits.
Does my doctor’s evaluation affect my lost income claim?
Yes. A medical evaluation must state that the accident caused your injuries, describe the type and extent of those injuries, explain how they prevented you from working, and note any permanent impairment. Without this, you cannot recover compensation for lost income.
What happens if I return to work before my doctor releases me?
Returning to work before your doctor releases you could hurt your chances of recovering full compensation for your injury claim, as you are required to mitigate damages by following your treatment plan.
Why should I hire a personal injury lawyer for a lost income claim?
Loss of income damages can be one of the more challenging aspects of calculating the value of an injury claim, and documenting it is especially complicated if your injury limits your ability to gather information. An experienced lawyer understands how to gather evidence, prove fault, calculate damages, and counter the tactics insurance companies use to deny or undervalue valid claims.
Do I need financial experts to recover lost wages after a car accident?
Depending on the complexity of your case, financial experts and economists may be needed to calculate your loss of income and benefits. They rely on information from medical experts, including your prognosis and impairment rating, to calculate future lost income and benefits.