Missing Work Due to an Accident: Seeking Compensation


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A notable problem following a car accident causing bodily injuries revolves around missing work after an accident. Most individuals rely on their ability to perform a job function to earn a living, and if not able to work, an individual simply cannot earn a living. Clearly, this presents a serious dilemma for any individual. As part of any car accident claim settlement, a driver is entitled to recovery compensation for lost wages and other lost income as the result of injuries sustained during a car accident, assuming he or she is not liable for their own injuries. Furthermore, depending on the driver’s own car insurance coverage program, even if he or she is liable for their own injuries, they may be entitled to compensation for lost work in certain cases. If recovering compensation for lost work becomes an issue during any car accident claims settlement, an individual should consult with a car accident lawyer to help resolve the issue. This is especially true in claims cases involving some form of disability, which can present prolonged and even permanent periods of lost income.

Calculating Lost Income due to Missing Work

Typically, the lost income compensation amount is calculated based on the pre-existing salary, wage, or income earned by a driver prior to the accident, which is then multiplied based on the number of days or hours of missed work. Missed work, which is admittedly a vague term, can include any time a driver is unable to attend previous job functions as the result of injuries sustained in a car accident, which may include instances where a driver must leave work to seek medical treatment, missed work due to physical disability (injuries medically and physically preventing them from working), or missed work as the result of pain or physical discomfort.

Long Term Considerations for Lost Income and Missed Work

Certain cases involve drivers suffering from permanent or temporary disability, which will prevent return to one’s previous work capacity for a prolonged period. Again, the driver’s previous income, salary, and wages will be used to calculate income losses. However, in cases of prolonged injury and disability, medical and professional opinions may be sought to determine exactly how long (if ever) a driver will be unable to work. For extended periods of missed work, typically cases involving years of disability or inability to perform previous job function, a driver may also need to account for future earnings increases, which would have occurred had accident injuries not been sustained.

Getting Legal Help with Lost Income in Car Accident Claims

In short, having legal counsel negotiate claims for a victim can prove immensely beneficial. Each case of lost income involves highly individualized considerations, including income earning potential and extent of injuries, which a compensation claim must account for both in the future and currently. Consult with a car accident lawyer to learn more about your individual expectations and rights to recover compensation for missing work following a car accident.

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