Lost wages in personal injury lawsuits
One of the areas of personal injury cases that is continually scrutinized by juries and defense lawyers involves wage loss claims made by the plaintiff. While these damages may be disputed, they remain some of the most significant elements of economic damages available to an injured party. I asked Chicago personal injury attorney Jonathan Rosenfeld to share his thoughts on capturing wage-loss claims in serious accident cases. Jonathan is the founder of Rosenfeld Injury Lawyers where he represents people in various types of accident and medical negligence cases.
When you have been injured in an accident, the ramifications can impact all aspects of your livelihood. You may be unable to return to work, and this may prevent you from contributing as a main source of income for your family. Perhaps you are concerned about being able to make payments for your mortgage, medical bills, groceries, utility bills and other expenses that you face in your daily life. Whatever the case may be, it may be possible for you to recover lost wages with the help of a personal injury attorney. Learning about your rights to compensation is essential if you wish to get started in this process. Here, you can find the information that you need to empower you to pursue your legal right to compensation after being involved in an accident.
Step One: Assess Your Situation – Lost wages
You should first take the time to assess the amount of time in which you have foregone your right to compensation after an accident. If you have only missed a few weeks of work and have already returned to work, then you situation will likely be relatively straightforward. It will be easy for you to assert your right to compensation in this case. Cases become more complicated when you have been unable to return to work for many months or realize that you wish to file a claim for compensation a year or more after your accident. It is in your best interest to get in touch with a personal injury lawyer who will assess whether you still may file a legal claim under the Statute of Limitations for your case. It may also be possible for a personal injury lawyer to negotiate and settle your case with an employer or insurance company outside of court.
Step Two: Understand the Types of Recovery Available
Damages for lost compensation can cover a wide array of expenses. There are two forms of compensation that you can receive when you have missed work due to an injury after an accident. Here are the following types of compensation that you may receive after you have missed work:
- Lost Earning Capacity
- Past Lost Wages
- Future Lost Wages
In regards to lost earning capacity, this is a type of damages that enables plaintiffs to prove that he or she has been so severely injured by an accident that a future ability to earn an income is impaired. The court considers a variety of factors to determine that one’s future earning capacity has been diminished by an accident. These factors include an assessment of the plaintiff’s current health, life expectancy, age, income level, talents, experience, skills, education, training and more. The court will consider the past income level of the plaintiff to also determine an appropriate income figure for loss of earning capacity.
In regards to lost wages, this is a type of damages that a plaintiff can recover due to the total amount of missed work from the date of injury. The court will count the number of days from the time of injury to the ultimate date of settlement to determine the total amount of wages that the person will be entitled to receive for this period of time.
Step Three: Consider Your Line of Work
When you want to receive damages after an accident, you will also need to consider the line of work that you are in to receive your damages. Whether you are a salaried or hourly employee will impact the ultimate amount of compensation that you can receive.
Salaried employees will take the total amount of annual salary that they receive to account for damages. The court will divide the total salary amount by 2,080 to determine the hourly rate that will be used to calculate the damages a salaried employee can receive. The court will then multiply the number of days that have been missed by the number of hours one works. Ultimately, this calculation will enable a court to proffer the total amount of damages that one may receive. Hourly employees require a less intensive calculation to determine the ultimate award that they may receive. An hourly employee only needs to multiply the total number of hours missed from work by an hourly rate. This figure may also include the number of overtime hours that an hourly employee has been forced to miss.
Step Four: Consider Other Types of Damages Available
You may wish to consider getting in touch with a personal injury lawyer if there are other types of damages available in your case. In addition to lost wages or loss of earning capacity, you may be entitled to receive other types of damages in your case. You may be entitled to receive damages for medical expenses, disfigurement, pain and suffering, loss of consortium, loss of companionship, mental anguish, permanent disability, special damages and more. If you believe that you may be entitled to receive additional damages, then you should get in touch with a personal injury lawyer to see what types of recovery may be available for your case.
Step Five: Considering Settlement vs. Trial
In your personal injury case, you may be undecided as to whether you want to settle the case outside of court or proceed with a trial. If you are unsure of what your legal strategy should be for your case, then a personal injury lawyer can help you. A personal injury lawyer can assist you with determining the best legal strategy for your case. If an insurance company is unwilling to settle your case, then you may want to proceed with trial. However, it is important to know that in most cases you can likely settle your case with the help of a personal injury lawyer. A personal injury lawyer will be able to help you in settling the case and negotiating with the insurance companies or your employer.
Step Six: Settling your Case in a Timely Manner
It is important to get in touch with a personal injury lawyer if you want to settle your case in a timely manner. A personal injury lawyer who has experience in handling lost wages cases will be able to help you with your case. A personal injury lawyer can ensure that your case does not drag out for months, and that you have access to the compensation that you need as soon as possible. Instead of stressing out about how you will be able to meet your future or immediate expenses, a personal injury lawyer can assist you and help you find the financial relief that you need.
Get in touch with a personal injury lawyer today to settle your case. Whether you have been involved in a construction accident or other type of accident at your place of employment, you likely have the right to receive compensation for your injuries. A personal injury lawyer will help you to stabilize your life and continue to provide financial support for the ones who depend on your income. It is important that you do not delay in calling or speaking with a personal injury lawyer who can help you. A personal injury lawyer can ensure that your case is filed or settled as soon as possible so that you have the income you need.