Can I Sue If My Punta Gorda Auto Accident Caused Me To Lose My Job?
Brian O Sutter
Traffic Accidents
One of the most stressful things that can happen to Punta Gorda residents is an auto accident. Auto accidents completely turn your life upside down. You may be suffering from severe injuries that cause undue pain and hardship. Your medical bills are stacking up putting you at risk for financial turmoil. Your injuries can damage your relationships and make it impossible to enjoy your normal life. One of the worst things that happens though is that your injuries prevent you from working. This is really stressful if you are a primary provider for your family. You need your income to stay afloat. So can you sue if your auto accident caused you to lose your job? The short answer is yes.
Types Of Damages After An Auto Accident
Lost wages is one of the many things the state of Florida considers a damage. Damages are the losses and damages caused by the accident. They are assigned a financial value. Damages fall into two primary categories. The first are tangible damages or financial damages. These are the damages that have a direct monetary value. Tangible damages include:
● Medical bills including physical therapy, mental healthcare, and prescriptions
● Current and future lost income including both wages and benefits for the period you cannot work
● Property damage to your vehicle
● Costs to travel to and from medical offices
If you note, losing your job is a tangible financial damage. There are also intangible damages. These are harder to quantify but both insurance companies and courts use complex algorithms to determine their value. These can include:
● Pain and suffering for the injuries you’ve endured
● Disfiguration from any permanent injuries
● Loss of companionship and consortium for the damages your injuries cause your relationships
● Loss of enjoyment from no longer being able to participate in your normal activities
These are just some of the damages that you may qualify for after an accident.
How To Make A Claim For Lost Wages
The best way to make any claim after an accident is to work with an auto accident attorney. They will guide you through the entire claims process and help you understand all the damages that you are legally owed. Making a claim for lost wages requires collecting some documentation that may but do not always include:
● Most recent pay stubs prior to your accident
● W-2, 1099, or other taxable income paperwork
● Any documentation for things like commission and bonuses
● Any documentation around benefits like health insurance, pension, and retirement contribution matches
● Physician’s note saying you can no longer perform your job functions
● A letter from your employer documenting your pay level, days missed, and number of hours worked
This information will then be used to calculate the value of your lost wages.
How Are Lost Wages Calculated?
In the state of Florida, there are also damage caps. When calculating lost wages in Florida, you take your hourly and multiply it by the number of hours missed. If you are salaried, you will use the same formula, but you will first calculate your hourly wage. However, this will not be your final figure. As you may also qualify for other damages like lost earning capacity or lost future earning capacity. There are no damage caps on financial damages in the state of Florida.
Why You Should Work With An Auto Accident Attorney
When you’ve been in an accident so severe you can no longer work, you need to speak to an attorney. Insurance companies are interested in preserving their profits. So they will use a number of tricks to try to get out of paying you the full settlement. A good tip for any personal injury claim: Never accept an offer from an insurance company until you’ve spoken with an attorney. An attorney is your best defense against the insurance companies. They will fight to make sure you get paid the full value of your claim under Florida law.
If you’ve been in an auto accident and can no longer work, give us a call. We’ll review your case for free and answer any questions you have about your legal options. Our Punta Gorda team at All Injuries Law Firm has you covered. We fight to protect your right to full and fair compensation under the law.