If you suffered injuries in a car accident caused by a negligent driver, you are entitled to compensation for your injuries from their insurance company. This includes receiving damages for the past and future wages you cannot earn while you are off work recovering from your injuries, your medical expenses, and pain and suffering.
Your claim could be more complicated if you were temporarily unemployed at the time of your auto crash. However, you still can receive your lost wages in your settlement if you can prove the other driver’s negligence caused your collision and the amount of compensation you should receive.
Types of Lost Wages Recoverable in a Car Accident Case
In an auto crash case, a victim is entitled to their past and future wage losses for the period they cannot work due to their injuries under Virginia law. A lost wage claim can include the following:
- Past and future wages, bonuses, and commissions
- Past and future lost sick and vacation time
- Past and future perks of their job
- Lost earning capacity if they must make a career change due to their injuries or are permanently disabled
How to Prove Your Lost Wages Claim If You Are Temporarily Unemployed
If you are unemployed at the time of your accident, you will need to prove that your unemployment is temporary. This will be easier to establish if your loss of job was recent or was not your choice, such as a layoff by your employer. You may have to obtain documentation of when you lost your job and your efforts to seek future employment. Showing the types of work you are seeking and their salary range can also help you establish your future wage loss claim.
You will also need to prove the wages that you lost and will lose in the future. This can be more challenging to show when you are temporarily unemployed. If you are looking for work in the same profession, you may be able to use paystubs from your old job to help prove the amount of wages you are losing. Your income tax returns for prior years can also help establish what you earn when you work.
You may also need to hire an expert witness, such as an occupational and economic expert. An expert can testify to how your injuries have affected your ability to find employment and the salary you can expect to receive in the jobs you can now perform—if you can return to work at all.
The best way to prove your right to lost wages if you are temporarily unemployed is to retain an experienced car accident lawyer. They can help you collect the evidence you need and will have a network of qualified experts you can hire if this is necessary.
Were you or a family member injured in a car accident in Virginia Beach or Norfolk? Call our Norfolk office today to schedule a free consultation to learn how we can help you.