I was out of work due to a car accident. Does this change how much I can ask for?

When you are involved in a car accident, your life changes in a second. Suddenly, because of the actions of another, you are injured, and all aspects of your life are forever changed. You could be on your way to work, assuming that you will be earning money that day, and suddenly your ability to earn income goes away. How do you live? How do you pay for bills? Lost income is considered a damage you can seek when injured in a car accident.

We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:

What an I Recover?

The damages you can get from a car accident can be anywhere from compensation for medical bills, pain and suffering to lost income. This lost income can include money you would have received had you not been injured and opportunities you missed because of the accident and the long term effects of your injury. Talk with your attorney on what types of work you normally do, what you have done in years past and see what you can include in the lost income figure.

Do I Need to use my Vacation or Sick Time First?

If you have been at your current job for a significant period of time, you likely have accumulated vacation and sick paid time off. Odds are, you will need to use that time first to continue being paid as you recover from the accident. However, you would not have need to use that time had it not been for your injuries that came as a result of the car accident. You can ask for compensation for this time used, and submit the amount of income included in that period of time. You may not get that income, considering you did not technically “lose” income. You still received payment, but it is worth a try.

Document Your Income

You will need to show what your income is, and this can be done via a letter stating your annual income, the amount of sick and vacation leave you have, and the number of hours you normally worked prior to the accident. You do not need your employer to put in whether you have already used any of that sick or holiday time since your accident. Just put in the basics as that is all the insurance company needs.

If you are self-employed, it can be trickier. You will need to produce evidence with invoices showing your normal income as well as a calendar for the next few months showing appointments you had set and needed to cancel due to your injuries. This shows the insurance company how much work you had to miss. You will also need to show what you would have earned from this missed time. You can do that by showing an average of what your earnings would be through billing, invoices or past payments received.

You could also always submit your past tax returns showing how much you have earned in the past. You only need to show the part of your return that gives your yearly gross income. Anything else is not needed and is not relevant.

What if I Lose my Job?

It may not be fair, but most states are considered “at-will” income. This means that your employer can essentially let you go for any reason. They need work completed, and if your injury keeps you off the job for weeks or months at a time, you could very well lose your job. Depending on how long you are out of work, you could seek that amount of money in a personal injury settlement.

Contact an Attorney Today

A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. For the best chance of receiving the compensation you need to pay for medical bills, auto body bills, and pain and suffering, you should speak with a personal injury attorney in your area today.