A car accident can turn your world upside down, especially if your injuries impact your ability to work.
Medical bills pile up, and the stress of losing income can feel overwhelming. If you’ve been injured in a car accident in Ohio, you may be entitled to recover compensation for your lost wages.
Whether you are temporarily out of work or your earning capacity is permanently affected, it’s important to understand how to claim lost wages after a car accident.
At Bensinger Legal Services, our Ohio auto accident lawyers are committed to ensuring you receive the compensation you deserve.
For a free consultation, please contact us online or by phone at (419) 455-1410. We are eager to assist you.
What Are Lost Wages After a Car Accident?
Lost wages refer to the income you would have earned had you not been injured in a car accident. This income can include your salary, hourly wages, overtime, bonuses, and even potential commissions you missed due to your inability to work.
Ohio law allows injured victims to seek compensation for this loss. With the right legal guidance, you can navigate the often complicated process of recovering your lost wages after a car accident.
Who Pays for Lost Wages in a Car Accident?
The party responsible for your accident is typically liable for your lost wages. In most cases, this means their insurance company will be the one to pay.
However, you may also be able to seek compensation from your insurance policy if you have personal injury protection (PIP) or uninsured/underinsured motorist coverage.
Aaron Bensinger and his team will work to ensure that you recover the wages you’ve lost, whether through a claim against the at-fault driver or your insurance policy.
How to Claim Lost Wages from a Car Accident
To recover lost wages after a car accident, you must prove the income you’ve lost. Typically, this requires:
- Documentation from your employer. This can include pay stubs, tax returns, or a letter from your employer detailing your hourly rate, typical work hours, and time missed due to the accident.
- Medical records. These will demonstrate the extent of your injuries and how they have affected your ability to work.
- Expert testimony. In cases where your future earning potential is affected, a vocational expert may need to testify about how your injuries will impact your long-term ability to earn a living.
Ohio law allows you to claim lost wages for both the time missed immediately following the accident and any future earnings you may lose due to long-term injuries or disabilities.
Loss of Income Due to a Car Accident: What’s Included?
The compensation you may receive doesn’t just stop at your salary. You can also seek recovery for:
- Lost overtime pay—if you typically work overtime, you can include that in your claim;
- Bonuses and commissions—any additional compensation you regularly received before the accident can also be part of your lost wages claim; and
- Promotions or raises—if you were in line for a promotion or raise you missed due to the accident, that could be factored into your claim.
It’s important to fully understand the scope of your loss and work with an experienced attorney to ensure you include all aspects of your income.
Loss of Earning Capacity: What If You Can’t Return to Work?
In severe cases, you may not be able to return to the same job or work at all after an accident. This is where loss of earning capacity comes into play. Loss of earning capacity refers to the diminished ability to earn a living due to long-term or permanent injuries.
Unlike lost wages, which account for past income, loss of earning capacity focuses on what you would have earned in the future had you not been injured.
Proving loss of earning capacity requires testimony from experts such as vocational professionals and economists. These experts can help quantify the income you would have made over your lifetime if not for the accident.
Suing for Loss of Income
Sometimes, the at-fault party’s insurance company may refuse to offer fair compensation for your lost wages or diminished earning capacity. When that happens, you may need to consider suing for loss of income.
You generally have two years from the accident date to do so. At Bensinger Legal Services, Aaron Bensinger will fight against insurance companies that refuse to compensate you fairly.
With his extensive experience in personal injury litigation, Aaron will pursue every legal avenue to ensure you receive the compensation you deserve.
What If You Have Lost Wages from a Car Accident Without Injury?
It’s possible to suffer lost wages from a car accident without sustaining a physical injury. For example, emotional trauma or property damage could prevent you from working for a period of time. In these cases, you may still be able to recover lost wages, but it can be more challenging to prove.
Documentation of the circumstances preventing you from working will be critical to your claim. Aaron Bensinger and his team can help you build a strong case, even if your lost wages stem from non-physical injuries.
How Are Lost Wages Calculated?
Calculating lost wages is relatively straightforward if you are a salaried employee. Your lost wages will typically be the amount you would have earned during the time you were unable to work. For hourly workers, it will depend on how many hours you missed and your hourly rate.
If you are self-employed, the process can be more complex, but you can still recover lost income by providing documentation such as tax returns, bank statements, or contracts.
When it comes to loss of earning capacity, the calculation is more complicated. It involves factors such as your age, education, skills, and work history, as well as the extent of your injuries and how they will affect your ability to work in the future.
An experienced personal injury attorney like Aaron Bensinger can help ensure that all of these factors are considered when calculating your lost wages or diminished earning capacity.
Contact Bensinger Legal Services for Help with Lost Wages After a Car Accident
Losing the ability to work, whether temporarily or permanently, is one of the most stressful consequences of a car accident. At Bensinger Legal Services, we understand how difficult this time can be. That’s why we are committed to helping you recover every dollar you’re owed.
Whether you are struggling with lost wages, loss of earning capacity, or dealing with insurance companies that refuse to pay, Aaron Bensinger and his team are here to help you get your life back on track.
If you’ve experienced loss of income due to a car accident, contact Bensinger Legal Services today. You can call us directly at (419) 455-1410 or you can contact us online.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
Loading...