Understanding Proof in Lost Wages Claims Following a Las Vegas Car Accident

by Gina Corena & Associates

posted in Las Vegas Car Accident Attorney on November 15, 2020

Understanding Proof in Lost Wages Claims Following a Las Vegas Car Accident

Proving Lost Wages in a Las Vegas Car Accident Claim

Car accidents can cause serious injury and when you are forced to stay home from work during your recovery, there is an added burden of worrying about your finances. One option for being able to remain financially secure during your recovery is to file a lost wage claim. However, before you file such a claim, it is important to understand what lost wages are and how to prove them.

Understanding Lost Wages

When you work, there is a certain “base” which you expect your pay to be. Depending on whether you are a salaried worker, wage worker, or a tip-based employee, lost wages generally will include:

  • Hourly Wages – your average hourly wage times the number of days you miss from work. If you are out of work for 2 weeks and you normally work 40 hours a week and get $25 per hour, then this would be considered your lost hourly wages.
  • Overtime – some employees work regular overtime. Others, particularly those who work a great deal of seasonal work may have regular overtime at certain times of the year.
  • Bonuses – if you earn bonuses which are based on meeting a certain sales threshold or production level, then you may be able to include these amounts in a lost wage claim.
  • Sick Days – employees who are forced to use sick time to recover from an injury suffered in a car accident can reclaim those sick days with a lost wage claim.
  • Vacation Days – if you are forced to use your vacation days for recovery time instead of actually using them as vacation time, you can include these amounts in a lost wage claim.
  • Lost Perks – if your company provides you with specific perks such as gym membership, cell phone, or a company vehicle which you are forced to do without during the time you are unable to work, the value of the items you lose access to may be included in a lost wage claim.
  • Tips – anyone who regularly claims tips as part of their normal income and can prove those tips may be entitled to include them as part of a lost wages claim.

Following a car accident, it is your best option to make sure you have completed or nearly completed any treatment for your injuries to ensure you know how much time you will lose from work. Your car accident attorney can then help you determine how to file a lost wage claim which can be done one of three ways:

  • Filing a wage claim with your own auto insurance carrier
  • Filing a wage claim with the at-fault driver’s insurer
  • Filing a personal injury lawsuit against the at-fault driver

Regardless of which avenue is pursued you will be asked to submit to an independent medical examination, turn over any medical records associated with your auto accident injury treatment, and show proof of lost wages.

Proving Lost Wages Following a Las Vegas Car Accident

In order to file a lost wage claim, you must be able to prove you have actually lost wages you are claiming to have lost. Some of the documentation you may be required to provide includes:

  • Physician Statement — your physician will be asked to provide a statement which details your injury and specifies how much time they have recommended you remain off the job.
  • Pay Stubs — your pay stubs can show what your normal wages were prior to your being injured in a car accident. In some cases, if you have no pay stubs to show, your W2 statement or last tax return can be used as a substitute. Those who are self-employed will likely have to provide a different level of documentation which your personal injury attorney can discuss with you.
  • Employer Statement — in addition to other documentation, you may be asked to provide documentation from your employer. This statement would include your normal work hours, your normal pay, how many hours you normally work, and the dates of time you were out of work. Your employer will also have to include information regarding sick time, vacation time, and lost perks as a result of being out of work.

Victims of a Las Vegas car accident should speak with their attorney to make sure they understand what documentation they will have to provide to file a lost wage claim.

Victims of a Las Vegas car accident should know what their rights are when filing a claim for lost wages. Typically, anyone injured in a car accident has questions and the best way to get answers to your questions is to seek guidance from an experienced car accident attorney. It is important you know your rights, understand your options, and file claims in a timely manner to make sure you get the compensation you are entitled to under Nevada laws.

Someone who has a serious injury after a Las Vegas car accident can require weeks or months to recover from their injuries. While you may think you can file a claim on your own, in most cases, it is better to seek legal help with your lost wages claim. Remember, while you have two years following an accident to file a personal injury lawsuit, the sooner you start the process the better.

Working With a Las Vegas Car Accident Attorney

If you are uncertain about how to go about filing a claim for lost wages, or you have other questions regarding a car accident claim, you should seek assistance from an attorney who has a proven track record of winning settlements for their clients. While past results cannot guarantee an outcome in future cases, it is always beneficial to hire someone who has experience negotiating settlements on behalf of their clients.

Contact an experienced personal injury attorney who has handled Las Vegas car accidents if you need help filing a personal injury lawsuit or a lost wage claim in Nevada. You should not have to bear the financial burden of losing wages because of a car accident which was not your fault. Take control today and speak with a car accident attorney.

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