Florida Truck Accident Compensation for Lost Wages
Florida truck accident victims often sustain debilitating injuries that leave them unable to work. When this happens, an individual may seek to recover lost wages as part of a personal injury lawsuit. While it seems as though the amount of lost wages would be cut and dry, there are actually quite a few things that go into calculating them. If you’ve been injured in a trucking accident, here’s what you need to know.
What are Lost Wages?
The term “lost wages” may refer to any income that was not earned due to an inability to work that directly resulted from an accident. It may also refer to future income that will not be earned because you are unable to perform the same type of work or are completely unable to work. Aside from your salary, things such as tips and bonuses may be included as well.
How are Lost Wages Calculated?
To determine lost wages, courts will typically look at your hourly wage and the average number of hours worked per week to come up with an amount. That formula may not work if you are paid on commission or piece rate, in which case your earnings history may be looked at instead.
If you received workman’s compensation or another form of disability payment, that amount will be deducted from your anticipated earnings when calculating the amount. Likewise, if you cashed in any sick days or vacation time, the total amount of lost earnings will be reduced accordingly.
Requirements for obtaining compensation
To recover damages for lost wages, you must provide evidence that shows you were physically unable to work because of your injuries. If claiming future lost wages, you must also provide proof from a medical doctor showing your future prognosis. Simply missing work because you are not feeling well does not justify recovery of lost wages, even if your condition is actually related to your accident.
In the event you have a pre-existing condition, obtaining relief for lost wages is somewhat more challenging. Insurance carriers may argue that there was no new injury, or that the old one was aggravated only slightly. They might then argue that the accident did not make it more difficult for you to work because your ability to do so was already limited. In-depth medical examinations and careful evaluation of your previous records may be needed in order to prove the extent of your damages.
For many accident victims, lost wages are just as stressful as their medical problems are. As Florida personal injury attorneys, our goal is to ensure you are fairly compensated for lost wages in addition to recovering damages for medical expenses and other losses. Contact us today for an assessment of your case so that if a remedy is available, the amount of time spent trying to recover lost wages will be as short as possible.