How to Recover Lost Wages After a Car Accident in Palm Beach County, FL
Missing work from injuries sustained in car accidents is a common occurrence for many victims located in Palm Beach County. The situation becomes even more challenging because it can result in a lack of steady income at a crucial time.
We understand that losing wages because of an injury can be difficult, but we are here to help. Our team can assist you in recovering compensation for your lost wages. We can either file an insurance claim or a lawsuit, depending on what is best for your case. Our firm will help you assess the full value of your damages and gather all necessary evidence to prove it. We will use your medical and employment records to ensure that a claim is made for your past lost wages and any future losses that your injuries are likely to cause.
Contact the Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. today at (954) 751-4258 for a free case assessment with our Palm Beach County car accident lawyers.
How Can I Recover Lost Wages After Being Injured in a Palm Beach County Car Accident?
If you’ve been injured in a car accident in Palm Beach County, there are numerous compensations you can pursue for your damages, including lost wages from missed work. However, lost wage damages cover much more than just income missed because of your injuries. Our South Florida personal injury lawyers can help you determine an accurate value for your lost wages, including compensation for the time you’ll likely miss in the future and loss of future earning potential.
Lost wages are a common aspect of most car accident claims and are typically covered by the negligent driver’s car insurance. However, it can be challenging for victims unfamiliar with the process of recovering lost wages in an at-fault insurance system. It’s crucial to assess your damages accurately to ensure you receive compensation for your lost income. You can also file a lawsuit against the negligent driver for lost wages.
Florida’s No-Fault Insurance Rules
Florida operates under a “no-fault” system for car insurance purposes. This might seem unusual to those familiar with at-fault systems. In Florida, injured drivers file a claim with their own Personal Injury Protection (PIP) insurance to recover damages, as opposed to filing a third-party claim with the negligent driver’s insurance company. It is important to note that PIP insurance only covers 80% of medical expenses and 60% of lost income up to the policy limit, which is a minimum of $10,000 in Florida.
Additionally, it is important to understand that no-fault insurance in Florida does not cover non-economic damages such as pain and suffering. These damages can only be recovered through a lawsuit, although there are limitations on a car accident victim’s right to file.
In Florida, the ability to file a lawsuit is determined by a “serious injury” threshold, as defined in Florida Statute § 627.737(2). This statute outlines various categories of qualifying injuries, including permanent injuries diagnosed by a doctor, significant loss of bodily functions, disfigurement, serious scarring, and wrongful death.
If you have lost wages from an accident caused by someone else, relying solely on your PIP insurance might not be enough. In most cases, you will need to take legal action against the responsible party to recover all of your lost wages. It is important to note that PIP insurance typically only covers up to 60% of your lost wages, leaving you with a significant financial burden. Therefore, it’s essential to explore all available options to ensure you receive the compensation you deserve.
Types of Lost Wages You Can Recover
After an accident, individuals might experience lost wages, which can be categorized into two distinct types. The first type is the one that most people are familiar with – lost income that results from the inability to work due to injuries sustained in the accident. This includes time spent recovering and attending appointments with doctors and lawyers. This type of lost income can typically be proven with pay stubs and other employment records.
The second type of lost wages that victims might claim is referred to as “loss of earning potential.” This occurs when a victim’s injuries prevent them from returning to work or continuing to work in the same capacity as they did before the accident. Proving loss of future earning capacity can be a challenging task and often requires expert medical testimony to establish the severity of the victim’s injuries and their impact on their employment.
How Do I Prove Lost Wages After a Car Accident in Palm Beach County?
If you have been involved in a car accident, proving lost wages can be a complicated process. However, if you are a typical employee, it can be a straightforward affair. In such cases, your pay stubs and records showing time off will be adequate to prove your lost income damages. Additionally, you will need to provide records showing your income loss since being injured and the wages you anticipate losing in the future.
It is also important to note that your medical records will provide an essential source of evidence when recovering lost wages. Your medical records will typically include doctors’ notes regarding your capacity to work and how your injuries will affect your job functions. Although there is no set list of what evidence can be used to prove lost wages, our team can help ensure that any evidence supporting your lost wages claim is gathered.
Can I Recover Lost Future Earning Capacity After a Car Accident in Palm Beach County?
If you have suffered injuries that prevent you from returning to your previous line of work or from working altogether, you might have a valid claim for loss of future earning capacity. The basis for establishing lost future earning capacity usually involves a comparison between your current income and the income you used to earn before the injury. If the work you are currently doing pays you less than what you used to earn, you are entitled to recover the difference.
However, making a successful claim for loss of future earnings typically requires the expertise of professionals who can assess your case and provide testimony on how your injuries will impact your future employment. These experts can help you determine the extent of your damages, which might include not only lost income but also the loss of intangible benefits, such as promotions or raises that you might have received if not for your injuries.
It is important to note that you can still pursue a claim for loss of future earnings even if you are currently employed. In some cases, chronic pain resulting from old injuries can significantly affect the type of work you can perform and the income you can earn. So, don’t hesitate to seek legal help if you think you have a valid claim for loss of future earning capacity.
Our Palm Beach County Car Accident Lawyers Can Help
For a free case assessment with our Ft. Lauderdale car accident attorneys, contact the Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 today.