Following a car accident, you may find yourself unable to come back to work immediately due to your injuries. Your employer may have other plans if you are not able to get back to work.
Depending on how long you are away from your job, your employer may have no choice but to hire someone to fill your vacant position. Now, not only are you injured, but you are unemployed, as well. Can you claim damages for your lost job in your personal injury claim?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Special Damages
If you are seeking compensation for lost income due to an injury, the first type of damages you can claim for your lost job are known as “special damages.” These damages include loss of income, wages, profits, benefits or business opportunities.
When filing for special damages, you can ask for compensation for the income you would have earned if you were not injured in the car accident. This income figure is calculated from the time of your car accident to when you are considered “stable” and able to get back to work by medical professional standards.
If you have any vacation or sick time available, you may have to deduct that amount from the figure you request, which will slightly reduce the amount of your award.
General Damages
In addition, you can claim what are known as “general damages.” These damages include future loss of earnings and lost earning capacity. To receive these types of damages you will need to show that you had the potential to earn a certain amount of money.
It requires a trickier calculation since nothing is ever certain, and it is hard to predict how your job, position or career field would have been in the future. If a court feels you have a claim for general damages, they will use an estimated figure instead of your actual wages, to come to an amount.
What You Will Need
Do not expect the court to hand these damages over to you just because you lost your job. Like any claim, you will need evidence to back you up. You will first need medical evidence to show that your injuries from the accident actually prevented you from returning to your job.
You will also need a statement from your employer that you were discharged, giving the reason being your absence following the accident. Be sure that your employer states that was the reason for your termination and not any other reason. Further, be sure to include proof of your income in your evidence submitted.
Limitations You May Face
Every state is different, and each state has its own set of laws when it comes to personal injury lawsuits. For instance, some states institute damages caps, putting a maximum on how much you can seek with your claim.
In addition, some states put a limit on how long you can receive compensation for loss of income. An experience personal injury attorney should be able to advise you on what to ask, how much to ask and for how long.
Duty to Mitigate
Every party to an accident has a duty to prevent damages from getting too out of control. This duty is also known as one to mitigate damages, and it extends to all parties, even if you did not cause the accident. While you may have lost your job, you cannot stay at home and live off of your damages from the car accident if you have the physical capability of working.
It will be expected of you that you will find alternative employment, even if the pay is not as high as what you made at your previous job. The court will look at your situation, and if they believe you should be working but did not make an effort to do so, your damage award can be reduced.
Unable To Work After a Car Accident
If you suffer an injury in a car accident that prevents you from working, there are several categories of reimbursement you may qualify for. These include the following:
- lost wages;
- lost earning capacity;
- lost opportunities;
- vacation/sick days.
If you suffer an injury in a car accident that stops you from working, your insurance company might be prepared to pay your lost wages. Being entitled to lost wages typically depends on your injury and your insurance company.
Lost Wages
Lost wages are the amount of money you should have been paid during the period you couldn’t work. For example, if you broke a leg and were unable to work for six months, you may be eligible to receive six months’ pay that you would normally have received if you hadn’t had the accident.
Lost Earning Capacity
Lost earning capacity is the money you would lose out on because your injury is stopping you from making as much money as you did before. This typically takes place following a severe injury that caused you to suffer a long-term disability.
For example, if you broke a leg and were forced to use a wheelchair for the remainder of your life, your ability to earn the same amount before the injury occurred is now far less. Therefore, you may be eligible to receive compensation for your lost earning ability.
Lost Opportunities
If your injury meant you had lost an opportunity for you to get employment or a payment, you may be entitled to compensation for those losses. This commonly happens to independent contractors or people whose payment for work is based on commission after suffering an injury.
Additionally, if you missed a job interview because of your injury, you may be reimbursed for those possible potential earnings.
Vacation/sick days
If you lose out on vacation or sick day entitlements due to your injury you may be compensated for this loss.
Contact an Attorney Today
If the injuries you suffered in a car accident caused you to lose your job, you may be able to file a claim for those damages. It is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
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. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
