A car accident sometimes results in far more economic damages than simple property damage to a vehicle. Injuries may leave you unable to return to work in your previous capacity—or at all. How do you recover the income you’ve lost during your medical treatment and recovery period? Make sure to speak with an experienced Marysville car accident lawyer for legal guidance.
Under Washington (RCW 4.22.005), the law states the following:
“In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.”
Essentially, this law allows an injury victim to recover all compensatory damages, including lost income, when another party causes a car accident. If the injury victim was partly responsible for the accident, the percentage of their fault is deducted from the amount they recover in their claim.
Evidence of Income Loss In a Marysville Car Accident Claim
When an accident results in injury, the expenses add up quickly. Medical costs for procedures, medications, and physical therapy accumulate at the same time that serious injuries may prevent a prompt return to work. If the accident caused a disability, the injury victim could face an uncertain future with a diminished earning ability.
To recover compensation for income loss after a car accident requires evidence such as the following:
- An employer’s statement showing the total lost work hours and lost scheduled overtime, plus any lost bonuses, commissions, sick pay, and vacation time
- Tax forms for the past five years showing typical income
- Pay stubs or a printout of recent direct deposits
- An employer’s statement describing how your injury prevents you from accomplishing work tasks
A car accident victim seeking compensation for lost wages must also show evidence of the injuries that prevented them from returning to work. Evidence includes the medical report, and often medical expert testimony and testimony from occupational therapists.
How a Marysville Car Accident Attorney Helps In Recovering Lost Earnings
A car accident attorney carefully calculates your economic damages, including medical expenses, out-of-pocket costs, and lost earnings. They also calculate future income loss; for instance, if a car accident victim in Washington has upcoming surgery or physical therapy sessions scheduled that will require time away from work. If the accident caused disability and reduced earning ability, the attorney seeks the maximum compensation available for total lost earnings and diminished future earning capacity.
The total amount recoverable depends on the limits of the at-fault driver’s insurance. In some cases, a Marysville personal injury attorney may pursue compensation from multiple parties that contributed to the accident. Washington’s laws of contributory fault allow an injury victim to recover compensation from all parties that contributed to the cause or severity of their injury.
Do I Have to Go to Court to Recover Compensation for Lost Wages?
Most car accident claims are resolved through a settlement from the responsible party’s insurance, so the injury victim doesn’t have to go to court. Only about 4% of car accident claims require court, typically when an insurance company undervalues or wrongfully denies a claim.