After a car accident, victims may have a long recovery. During that time, going to work and earning a paycheck can seem impossible. Yet, mortgage and rent payments and other financial liabilities remain. Wage loss compensation aims to minimize some of that financial loss by providing a way for victims to recover their damages.
Attorney Tom Ueberschaer offers hands-on support if you are facing any challenges in recovering wage losses. Reach out to us to discuss your legal options. Our firm does not charge you fees if you do not win your case.
What Is Wage Loss Compensation?
Wage loss compensation enables car accident victims to recover some of their lost wages. As a no-fault car insurance state, Florida’s laws typically require the driver’s personal injury protection (PIP) coverage to cover losses, which may include wage losses if you cannot work due to being hurt in a car accident.
Under the law, the named insured party, your relatives living in your home, passengers in the vehicle at the time of the accident, the person operating the vehicle and those struck by your vehicle may file a claim for wage losses.
However, there are limitations here. Florida’s laws require drivers to carry just $10,000 in coverage. That coverage must include medical expenses as well as lost wages. However, the law only requires insurance companies to cover 60% of your lost earning capacity and lost income. When you consider that percentage, along with the $10,000 limit that must also include medical costs, there are limitations.
Types of Wage Loss Compensation
The law allows policyholders to obtain compensation for wage loss in several ways:
- Lost wages: This represents the actual missed hours from being unable to work for the time you are out of work.
- Loss of future earning capacity: If you do not fully recover from your injuries and you cannot do your job any longer due to disability, you may receive compensation for the level of loss you have in your earning capacity. This could include awards for losses for long-term or permanent disability.
- Loss of benefits: Compensation may also be available for lost benefits you cannot receive because of your injuries. For example, if you lose your health insurance, retirement contributions or other benefits because you cannot work, that could be a component of your claim.
How To Calculate Wage Loss Compensation
To determine the value of your wage loss compensation, you must consider:
- Current earnings: What is your current salary or hourly wage paid? What is your current income if you are self-employed?
- Overtime, commissions and benefits: If you are paid any of these added amounts, they should also be included in your compensation claim.
You will need to provide documentation of these values. This is often in the form of your pay stubs, employer earnings statements, tax returns or other data showing how much you routinely earn.
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Ask Tom Today!Proving Wage Loss in Florida
To prove any loss in a car accident, you must gather evidence to support your claim, including documentation of the amount of earnings you have over the last few months, such as information about your average paycheck. If you cannot work due to long-term injuries, you may need medical evidence demonstrating this and statements from your medical professionals clarifying your restrictions.
There are also times when, in more complicated cases, you may benefit from expert testimony. This could come from industry leaders or accident experts. All of this data can help substantiate your losses.
Challenges in Wage Loss Claims
It is often the case that victims of a car accident will find limitations in their own policies that lead them to not having access to their wages. Consider some of the most common challenges in these cases:
- The insurance company disputes your injuries or losses. This is common with insurance adjusters who hope to reduce any compensation paid out.
- Self-employment or irregular income makes it harder to calculate a fair and accurate level of compensation.
- If you are unable to return to work, calculating your level of disability can be challenging. Reduced ability to work can be hard to determine, especially if some medical experts say you can and others say you cannot return to work.
More so, you may need to file a lawsuit against the at-fault party to recover damages your PIP policy does not consider. This complicates many claims. However, if another party caused your injuries, you may be able to pursue civil action against them for damages not covered under PIP.
The Role of an Attorney in Maximizing Wage Loss Compensation
As the victim of a car accident, you face numerous challenges. You must overcome the challenges the insurance company imposes on denying or reducing claims. Your policy may also have limitations and not provide enough compensation to meet your needs. An attorney helps in several ways:
- Legal experience and knowledge of the complexities of Florida’s wage loss compensation laws enable an attorney to guide you in maximizing your claim.
- Powerful negotiation skills with insurance adjusters give you the upper hand throughout the process.
- Your attorney fights for fair compensation for all of your losses and maximizes it through extensive loss documentation.
Reach Out to a Car Accident Attorney
Turn to Attorney Tom Ueberschaer for the legal guidance and support you need in challenging situations. With our legal experience, dedication to your comprehensive claim and compassionate support, you can expect our attorney to be there for you. Our law firm operates on a contingency-fee basis. If you do not win your case, you do not owe us anything for our services.
Schedule a free consultation with a car accident attorney in Florida now. Let us fight for full and fair wage loss compensation.