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Bagen Law Blog

Who Pays my Lost Wages From an Auto Accident Injury?

Posted by Steven A. Bagen

Dec 16, 2013 3:38:00 PM

auto accident injury attorney GainesvilleDepending on the type of auto insurance coverage you currently have, you might be eligible for compensation for your lost wages after an auto accident injury occurs. If you are eligible, the ease of which the claims process is handled will be determined by the type of work you do. To help make the process simpler and answer any questions you might have, enlist the help of a Gainesville personal injury lawyer to handle your case. 

Steven A. Bagen Law Firm has offices in Gainesville and Ocala, Florida.

Policies Covering Wage Loss: What are They?

If you lose any time at work as a result of the auto injury, you might be able to recover your wages if you have one of the following two types of policy in effect:
Personal Injury Protection, which is what many call "no-fault" insurance. Under this particular type of coverage, you are protected for any wages lost, regardless of whether or not it was your own negligence that caused the accident. Currently, this particular coverage is available in 13 states and the District of Columbia. In the other states, PIP is offered as either an option or it isn’t available at all.
Bodily Injury Liability Insurance covers you for any lost income in the event that you were not the one who caused the accident. Under this particular scenario, you are going to have to file a lost wages claim with the insurance company of the negligent driver. To handle this process, a Gainesville personal injury lawyer can make sure all of the proper paperwork is filed and taken care of for you in a timely fashion.

Necessary Information for Filing a Claim for Lost Wages

You are going to have to provide the main insurance carrier with all of the evidence documenting what your lost wages were from the accident and injuries sustained. This requires you to submit the following types of evidence:
Proof of what your injuries. This can be a letter that your physician writes up for you outlining all of your injuries and to what extent they are preventing you from being able to do your work. 
Documented proof of the time you have missed from work and the total amount of wage losses to date. In the majority of situations, you are going to need a letter from your employer written up on company letterhead that confirms the amount of wages you lost. If the injury causes you to suffer from long-term ramifications, make sure you document what your long-term wage potential is going to be also.

Depending on the insurance company, the evidence mentioned above might not be sufficient. The adjuster might request an interview with your manager or boss. They might also ask for permission to look through all of your medical records. Since they don’t want to pay you anything more than they have to, you need to have someone working on your side to help you out. Thanks to the help of a Gainesville personal injury lawyer, you won’t have to worry about being taken advantage of in this situation.

For Those who are Self-Employed

Providing proof of your lost wages might be a little more difficult to do when you are self-employed. For example, if you are a real estate agent, you have an income that is based entirely on commission. Either way, you would have to provide the insurance company with proof of your last year’s tax return to substantiate your income potential. Depending on the company, they might require up to five years of returns to get an idea of what you make annually. You are also going to need to provide proof of your injuries and evidence of the amount of time you will be off work.

Consider Hiring an Attorney with Experience

If you don’t feel that you are being treated fairly, you might want to think about bringing in a Gainesville personal injury lawyer to handle the claim for you. The last thing you want is to try to deal with a company that is going to take advantage of you and cause additional mental and emotional suffering.

Insurance companies tend to use their experience to limit the amount of money they offer you as a settlement, but you can counteract that advantage by having someone with experience and knowledge working for you. A personal injury lawyer uses their experience to level the playing field. The goal is to increase your odds of being able to get the settlement that you are entitled to. Take the time to speak with a Gainesville personal injury lawyer today and see what you need to do to take control of your claim quickly and efficiently without all of the hassles.

Talk to Steven Bagen Attorney Gainesville Ocala Florida

Topics: Car Accidents, Personal Injury, Distracted Driving, Driving and Texting