Suing for Lost Income after a Car Accident

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Anything that causes a loss of income is hard enough, but this situation worsens when the loss of income is due to an automobile accident. If you have had to take time off and need to sue for lost income, there are a few steps to follow.

Deciding Lost Income

Under the law within the United States, you are entitled to feel safe while driving on the roads within your state. If you do get in a car accident and the other driver is found to be at fault, due to reckless driving, you are entitled to claim against the other driver’s insurance. The courts will decide how much lost income you are entitled to based on your normal working time, and the amount of income that you would usually receive. In some instances a lawsuit might be the only thing that is able to provide compensation for these earnings that were lost. 

Trying Not to Pay

Some insurance companies will try to not pay for lost income, especially if they have compensated you in another way. For example, if you received money based on your medical injuries, they may use this previous pay out to deny your claim for lost wages or a lost earning capacity. In doing so, a company may say that you have already received money that can be used to pay for your day to day costs while not working.

However any previous payment from an insurance company that did not specifically relate to lost wages should not be used as such. The money received for medical injuries is to pay for your medical bills. The money received for damages to your car is to pay for repairing your car, or in some cases purchasing a new one. If you have gone to battle with an insurance company who is refusing to pay out any lost wages, then it is time to take legal action.

Taking Legal Action

The situation that have resulted from lost wages might only get worse if you do not file litigation for payment of these lost income. By filing a lawsuit, the insurance company will realize that you are serious about receiving compensation. They may them try to reach a settlement before going to trial. In this scenario, you will not able to fully devote yourself to fighting this legal battle, and it will be necessary to hire an attorney to do so for you. An attorney will be able to quickly draw up the necessary papers and inform the company that a lawsuit has been filed against them for payment of lost income.