PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – Can I Recover Lost Wages if I was involved in a Car Accident? May 28, 2020 In our series of blogs titled “FAQs Car Accident” or “Frequently Asked Car Accident Questions”, a common question posed to our Car Accident Attorneys include: “Can I Recover Lost Wages if I was involved in a Car Accident”? In short, yes. If you were injured in a Car Accident and are unable to go to work because of resulting injuries you can recover your lost wages from the date of the car accident to the day you return to work. Lost wages are a form of economic damages, and economic damages constitute a portion of compensatory damages. Compensatory damages are those damages that an injured car accident victim may recover in a personal injury claim following an auto collision. In order to recover loss of income damages following a motor vehicle collision it is necessary to prove that the loss of income was caused by the underlying auto accident. Specifically it should be notated in either your employment file or medical records that you are unable to work as a result of the injuries you sustained in the underlying car accident. What generally tends to occur is that following a car accident, your treating medical provider will examine you and if it is evident that you sustained injuries in the underlying motor vehicle accident that prevent you from working, your medical provider will give you a “No Work Order”, otherwise mandating that you take time off of work as a result of the car accident. Having a prescription from a treating provider, asking you not to go to work, will insure that there is no dispute as to causation. If you simply take time off of work following a car accident without documentation from your treating medical provider, it affords insurance carriers an opportunity to contest causation. A common argument for carriers is that the injured party was physically able to work following the car accident and just opted not to. The best way to ensure that you will be compensated for the time off of work following a car accident is to support your claim with documentation. Such documentation includes a no work order, work release or in other words a prescription from your medical provider advising you not to work following an auto collision. Further you need documentation to support how much money was actually lost during the no work period. Such necessary documents include: pay stubs, payroll records showing gross pay for period of time you were off of work, commission earnings, and any other documents that quantify your income and earnings. Personal Injury Damages Special Compensatory Damages/ Economic Damages Special damages are unique to the individual plaintiff and vary significantly from one plaintiff to the next. An award for special damages compensate a plaintiff for costs and expenses incurred as a result of the incident or accident that caused their injuries. Common types of special damages: • loss of earnings • property damage • loss of future earnings • past medical expenses • cost for future medical care • cost of household expenses • reimbursement for cancelled trips or altered plans General Compensatory Damages/Noneconomic Damages General damages compensate a plaintiff for non-monetary damages incurred in a personal injury claim. Common types of general damages: • physical pain • loss of enjoyment of life • anxiety/humiliation • emotional distress • mental anguish, • pain and suffering, • loss of enjoyment • loss of consortium or companionship Punitive Damages Punitive damages are only awarded to an injured plaintiff when the defendant’s conduct was despicable or reprehensible. Punitive damages are designed to punish a wrongdoer for the wrongful conduct and discourage similar conduct in the future. Punitive damages are awarded when the defendant engaged in malicious, oppressive or fraudulent conduct. • Malice: means that the defendant acted with intent to cause injury or with willful and knowing disregard of the rights and safety of another. • Oppression: means the defendant’s conduct was despicable and the plaintiff was subject to cruel and unjust hardship in knowing disregard of their rights • Fraud: means the defendant intentionally misrepresented or concealed a material fact and did so intending to harm the plaintiff Compensatory damages, which are recoverable following a car accident, include loss of income. For more information on recoverable compensatory damages following a car accident, see our previous blog titled: “Personal Injury Damages – Compensatory Damages” linked here: http://dianalegal.com/personal-injury-personal-injury-damages-compensatory-damages/ and our damages chart above. The Personal Injury Damages Chart outlines the Special Compensatory Damages/Economic Damages and General Compensatory Damages/Non-economic Damages, both of which are available to injured parties following a car accident. For more blogs discussing “FAQs Car Accident” or “Frequently Asked Car Accident Questions” see the links below: • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT DO I DO IF I WAS INJURED IN A CAR ACCIDENT?http://dianalegal.com/personal-injury-i-car-accidents-i-faq-car-accidents-i-frequently-asked-car-accident-questions-what-do-i-do-if-i-was-injured-in-a-car-accident/ • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT IF THE AT-FAULT-DRIVER WAS NOT CITED FOR A VEHICLE CODE VIOLATION, CAN I STILL PURSUE A PERSONAL INJURY CLAIM FOR A CAR ACCIDENT? http://dianalegal.com/personal-injury-i-car-accidents-i-faq-car-accidents-i-frequently-asked-car-accident-questions-what-if-the-at-fault-driver-was-not-cited-for-a-vehicle-code-violation-can-i-still-pursue-a-per/ • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT IF THE AT-FAULT-DRIVER DOES NOT HAVE INSURANCE, OR LEAVES THE SCENE BEFORE I RECEIVE THEIR INFORMATION? http://dianalegal.com/personal-injury-i-car-accidents-i-faq-car-accidents-i-frequently-asked-car-accident-questions-what-if-the-at-fault-driver-does-not-have-insurance-or-leaves-the-scene-before-i-receive-their/ • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WON’T MY CAR INSURANCE OR THE AT-FAULT PARTY’S INSURANCE COVER MY NEEDS AFTER THE ACCIDENT? http://dianalegal.com/personal-injury-i-car-accidents-i-faq-car-accidents-i-frequently-asked-car-accident-questions-wont-my-car-insurance-or-the-at-fault-partys-insurance-cover-my-needs-after-th/ • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – CAN I SUE A NEGLIGENT DRIVER IN A CAR ACCIDENT, IF I WAS A PASSENGER AT THE TIME? http://dianalegal.com/personal-injury-i-car-accidents-i-faq-car-accidents-i-frequently-asked-car-accident-questions-can-i-sue-a-negligent-driver-in-a-car-accident-if-i-was-a-passenger-at-the-time/ Contact Us for Advice after a Car Accident or Uninsured Motorist Claim If you were involved in a car accident or have any questions about your personal injury case call us today at 619-432-5145 for a free consultation with one of our experienced California Personal Injury Lawyers and San Diego Car Accident Attorneys. 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PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – Can I Recover Lost Wages if I was involved in a Car Accident?

PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – Can I Recover Lost Wages if I was involved in a Car Accident?

May 28, 2020

In our series of blogs titled “FAQs Car Accident” or “Frequently Asked Car Accident Questions”, a common question posed to our Car Accident Attorneys include: “Can I Recover Lost Wages if I was involved in a Car Accident”?

In short, yes.  If you were injured in a Car Accident and are unable to go to work because of resulting injuries you can recover your lost wages from the date of the car accident to the day you return to work.  Lost wages are a form of economic damages, and economic damages constitute a portion of compensatory damages.  Compensatory damages are those damages that an injured car accident victim may recover in a personal injury claim following an auto collision.

In order to recover loss of income damages following a motor vehicle collision it is necessary to prove that the loss of income was caused by the underlying auto accident. Specifically it should be notated in either your employment file or medical records that you are unable to work as a result of the injuries you sustained in the underlying car accident. What generally tends to occur is that following a car accident, your treating medical provider will examine you and if it is evident that you sustained injuries in the underlying motor vehicle accident that prevent you from working, your medical provider will give you a “No Work Order”, otherwise mandating that you take time off of work as a result of the car accident.  Having a prescription from a treating provider, asking you not to go to work, will insure that there is no dispute as to causation.  If you simply take time off of work following a car accident without documentation from your treating medical provider, it affords insurance carriers an opportunity to contest causation.  A common argument for carriers is that the injured party was physically able to work following the car accident and just opted not to.

The best way to ensure that you will be compensated for the time off of work following a car accident is to support your claim with documentation.  Such documentation includes a no work order, work release or in other words a prescription from your medical provider advising you not to work following an auto collision.  Further you need documentation to support how much money was actually lost during the no work period.  Such necessary documents include: pay stubs, payroll records showing gross pay for period of time you were off of work, commission earnings, and any other documents that quantify your income and earnings.

 

Personal Injury Damages
Special Compensatory Damages/ Economic Damages

 

Special damages are unique to the individual plaintiff and vary significantly from one plaintiff to the next. An award for special damages compensate a plaintiff for costs and expenses incurred as a result of the incident or accident that caused their injuries.

 

Common types of special damages:

·       loss of earnings

·       property damage

·       loss of future earnings

·       past medical expenses

·       cost for future medical care

·       cost of household expenses

·       reimbursement for cancelled trips or altered plans

General Compensatory Damages/Noneconomic Damages General damages compensate a plaintiff for non-monetary damages incurred in a personal injury claim. Common types of general damages:

·       physical pain

·       loss of enjoyment of life

·       anxiety/humiliation

·       emotional distress

·       mental anguish,

·       pain and suffering,

·       loss of enjoyment

·       loss of consortium or companionship

Punitive Damages Punitive damages are only awarded to an injured plaintiff when the defendant’s conduct was despicable or reprehensible.  Punitive damages are designed to punish a wrongdoer for the wrongful conduct and discourage similar conduct in the future. Punitive damages are awarded when the defendant engaged in malicious, oppressive or fraudulent conduct.

·       Malice: means that the defendant acted with intent to cause injury or with willful and knowing disregard of the rights and safety of another.

·       Oppression: means the defendant’s conduct was despicable and the plaintiff was subject to cruel and unjust hardship in knowing disregard of their rights

·       Fraud: means the defendant intentionally misrepresented or concealed a material fact and did so intending to harm the plaintiff

 

Compensatory damages, which are recoverable following a car accident, include loss of income. For more information on recoverable compensatory damages following a car accident, see our previous blog titled: “Personal Injury Damages – Compensatory Damages” linked here: http://dianalegal.com/personal-injury-personal-injury-damages-compensatory-damages/ and our damages chart above.  The Personal Injury Damages Chart outlines the Special Compensatory Damages/Economic Damages and General Compensatory Damages/Non-economic Damages, both of which are available to injured parties following a car accident.

 

For more blogs discussing “FAQs Car Accident” or “Frequently Asked Car Accident Questions” see the links below:

Contact Us for Advice after a Car Accident or Uninsured Motorist Claim

If you were involved in a car accident or have any questions about your personal injury case call us today at 619-432-5145 for a free consultation with one of our experienced California Personal Injury Lawyers and San Diego Car Accident Attorneys.

 

     

    Diana Legal