Can I Recover Lost Wages After a Car Accident in California?
Being involved in a car accident is overwhelming and inconvenient for a lot of reasons, especially when you experience serious injuries. Not only do you have to deal with medical expenses and getting your car repaired, but you’re likely going to miss work in these cases. Understanding whether you’re entitled to obtain compensation for lost wages and how to do this is essential for victims who are injured by another party’s negligence.
You Can Recover Lost Wages After a California Car Accident
If you miss work because of injuries from a car accident in California, you have the right to seek compensation for your lost income. This includes not only wages lost while recovering, but also missed bonuses, overtime, and even pay from self-employment or side jobs. By documenting both your injuries and your inability to work, you can make an insurance claim or pursue damages in a Roseville personal injury lawsuit to help fill the gap while you heal.
Proving Lost Wages
To recover lost wages after a car accident, you must be able to clearly demonstrate what you would have earned if the crash hadn’t disrupted your work life. Proper documentation is the foundation for a strong and successful claim.
Pay Stubs and Employer Statements
Collect your most recent pay stubs and, if possible, ask your supervisor or HR department for a written statement outlining your regular schedule, position, pay rate, and average hours.
Doctor’s Notes
Provide doctors’ documentation or official medical notes that list the dates you couldn’t work and detail your physical restrictions due to your injuries.
Proof of Overtime, Bonuses, and Commission
Show previous years’ tax records, direct deposit slips, or payroll summaries with a history of overtime hours, typical bonuses, or commission payments to prove these earnings are a regular part of your income, not just “potential income.” Letters or schedules confirming your expected hours or missed opportunities further establish your claim.
Lost Vacation and Sick Time
If you had to use paid vacation or sick leave because of your injuries, request clear records from your HR department showing the days used.
Calculating Self-Employment or Side Work Income
If you work for yourself or you have income from a side hustle, you need to make sure you calculate this lost income as well. This can be done by showing upcoming projects you have but won’t be able to complete, as well as tax returns from the previous year that show what you typically earn from these avenues.
When you work with a lawyer, they can help you figure out what else you might need to prove lost income and help you collect the needed documents.
Lost Wages vs. Loss of Earning Capacity
When seeking compensation after a car accident, it’s important to understand the difference between lost wages and loss of future earning capacity.
Past Lost Earnings
These are wages and job benefits you’ve already missed because of the accident and your injuries. For example, any missed paychecks, lost overtime, or unused vacation time used up during recovery fall under past lost earnings. These amounts are fairly easy to calculate because they’re based on the actual time you’ve been away from work and the pay records you can provide.
Lost Earning Capacity
This refers to how your injuries might reduce or limit your ability to work in the future. Lost earning capacity considers physical or mental limitations (such as a permanent injury) that might prevent you from returning to your old job, working as many hours, or getting promotions and raises. Unlike past lost earnings, this is based on predictions and not what you’ve already lost. It’s important to look at how your injuries will likely affect your income over the months or years ahead, backed up by medical opinions and your work history.
In many Roseville car accident cases, injury victims can claim both types, helping cover both the immediate and longer-term financial impact of a serious crash. To get help proving lost wages and or lost earning capacity, reach out to our legal team today and schedule a free consultation.