When Washington state accident victims suffer serious injuries and cannot return to work immediately, a personal injury claim of lost wages can be filed. A lost wages claim seeks to hold the at-fault party in an accident responsible for reimbursement of the victim’s missed paychecks while healing from the accident.

If you are involved in a serious accident, you might be unable to support yourself or your family due to your injuries. If someone’s negligence is to blame for your injury, you should not have to face recovery and the loss of income without expecting a fair reimbursement. This is where your claim for lost wages comes in to help.

The personal injury legal team at Hagens Berman feels that those at fault for accidents should provide full support to victims, no matter how long recovery takes. Support must include the combined sum of lost earnings the victim might suffer in the future as they recover from injuries. Hagens Berman is proud of its long, successful history of representing injured victims and securing the funds they need to continue with their recovery through lost wages claims.

LOST WAGES IN A PERSONAL INJURY CASE

A lost wages claim in a personal injury case seeks to replace the income a victim has lost while unable to work after being injured. This lost time on the job must be due to the injury or injuries caused by the accident in question. Your skilled legal team will be able to argue that your injuries have left you unable to earn your same wages, and that the lost wages claim is directly related to your accident.

In order to protect your financial security, your personal injury lawyer should list every hardship you have endured because you haven’t been able to work, and therefore receive a paycheck or other missed benefits. These damages include some of the following:

  • Paychecks missed and losses absorbed by missing promotions, bonuses and retirement contributions.
  • Vacation, personal days and sick days. If you were able to take some vacation or sick leave while you recovered, you might have been able to maintain some steady income. However, you shouldn’t have to use your paid time off to cover someone else’s mistake. The insurance company for the negligent party should have to reimburse you for those days you’ve used due to the injury.
  • Falling behind on monthly bills. This includes credit card bills, car payments, rent or mortgage payments, utility bills, property taxes and many other monthly debts you’ve always been able to pay on time.
  • Penalties and late fees from missed payments. You may have also lost services or property after falling behind on payments. These damages should be recovered by the victim.
  • A potential drop in your credit score. You should earn compensation for this type of financial loss that greatly affects your economic health and freedom in the future.

PROVING YOUR LOST WAGES CLAIM

Some of these losses are easy to show via paystubs and/or W-2 forms from your employer. Your previous month's earnings prior to your injury illustrate how much you stood to make during the time you were unable to work, following the accident. 

However, there are other cases in which it is harder to show physical proof of your lost wages. You might work several part-time or seasonal jobs. You may rely on tips to make your living and suddenly have to show solid evidence of average income.

For these and other circumstances, here are some of the documents that serve as proof of your losses:

  • Pay stubs
  • W-2 forms
  • Letter from your employer. Most employers will provide a “lost wages” letter to help your case. This letter confirms your employment and shows proof of how much you stood to earn over the time you missed.
  • Tax returns. Specifically, 1040 documents are helpful in proving how much you earn annually even if your month-to-month pay fluctuates. This may be the case if you are a seasonal worker, work for yourself or rely on commissions.
  • Bank deposits. These are especially helpful to show proof of tips earned through your job.

WHAT IS LOST EARNINGS CAPACITY?

Lost wages generally consider the time you missed from work over a few days or weeks. When it comes time to negotiate with an insurance company on a settlement, you’ll hopefully have already recovered from your injury and have been able to return to work.

But what if your injury isn’t healed and your hardships are just beginning? This can be the case in devastating accidents that inflict traumatic injuries or cause other long-term changes. When you suffer a major injury, you could lose out on months or years of work or even be forced to leave your job entirely. In these unfortunate cases, victims still have rights to this loss, and must file a claim for lost earnings capacity.

A lost wages claim looks at the short-term hardships, but lost earnings capacity applies to someone who faces a long-term absence from work or may never be physically able to return. Any compensation earned by victims must estimate the years they could be out of work, their potential to earn promotions and raises and their potential lifespan.

HAGENS BERMAN HELPS SECURE FINANCIAL STABILITY WHEN YOU CANNOT WORK

A crash on a Washington highway, medical malpractice at a local hospital or an accident suffered on someone’s else property may have left you hurting and unable to perform your duties at work, or unable to continue to work in your industry or at your previous capacity. This loss of wages can quickly create a financial crisis for you and your family during an already stressful time.

Hagens Berman believes the financial consequences of these accidents should never fall to the victims. At-fault parties and their insurance representatives must be held accountable for a victim’s wellbeing no matter how long recovery takes. Contact us today for a free consultation and personal injury case evaluation.

Hagens Berman will diligently fight for you to earn every penny of compensation you need to rebuild your life. Contact the attorneys at Hagens Berman in Seattle for a free and confidential case evaluation.