Being injured in an accident can be very stressful. In California, when you are injured because of someone else’s negligence, you may have the right to file a claim against the person who caused the accident. Your claim may also include your lost wages, along with other damages. Our california car accident attorney Review your case and help you determine your rights and options.
What is lost wages?
Lost wages and your lost earning capacity as a result of being injured are only part of the damages you may be able to recover. fall in the category of compensatory Harm. However, California law requires injured parties to prove the amount of their lost wages. in some CircumstancesThe jury may also award you interest on lost wages.
Lost wages include all of the following:
- wages or salary from your job, including overtime
- Bonus, commission, tips, promotions and increments from time to time
- paid vacation days, sick days, personal days, and similar benefits
- The value of other job-related benefits you no longer have access to: retirement contributions, reimbursement for transportation expenses, daily allowance, and more
- verifiable self-employment income
- The financial value of other benefits related to the job (eg, car allowance, per diem, etc.),
In addition to lost wages, you may be able to recover for future loss of income or earning capacity. The term refers to the anticipated or future income that a person will lose because of their injuries. This damage can increase the length of time it takes you to recover from your injuries. If you are permanently injured and unable to work in the same position, this period is potentially indefinite.
A personal injury lawyer can help you calculate the amount sought for these damages as part of your overall claim. The assistance of a skilled attorney is essential because the calculation of lost earning capacity involves a certain amount of uncertainty and professional guesswork.
How do you recover lost wages?
However, to recover past or future lost wages, you need to prove that the other driver was at fault for the accident because California is a “fault” liability state. As part of the “at-fault” system, you should know that any contribution you made because of the accident is also considered. this idea is called comparative negligence,
It is very important to seek the assistance of an experienced attorney, as proving a mistake is easier said than done. With good representation, you can avoid ending up in a situation where you can’t get back everything you may be entitled to. Insurance companies routinely try to reduce a person’s recovery from their alleged responsibility based on incorrect information or determinations.
consult an attorney
The law relating to the recovery of lost wages and earning capacity is complex. If you have been injured, you should consult with an attorney with experience handling personal injury cases. There is a time limit on filing a personal injury claim in California. you usually have two years, with a few exceptions. Our attorneys understand the importance of getting your claim addressed promptly. contact us today For free consultation.