If you can no longer work after a car accident in Texas, you might be able to collect compensation for your current and future lost wages. In Texas, you can hold the at-fault driver responsible for your lost wages and other damages after a crash, if you can prove they acted negligently. You may be able to win this type of payout by filing a third-party liability insurance claim or a personal injury lawsuit.
At D. Miller & Associates, PLLC™, our personal injury lawyers have experience winning this type of compensation for our clients. For a free consultation about what to do if you cannot work after a car crash, call 713-850-8600 today.
Can I recover lost wages after a car crash in Texas?
Lost wages are one of the most common types of damages we try to help clients recover after any accident. Even relatively minor injuries can force you to miss work, especially if you have an active job.
When we calculate lost wages for our clients, we do not simply look at the wages they missed on the days they would have normally worked. Instead, we consider:
- Lost wages from time away from work
- Whether there may have been overtime during this period
- If they had to take vacation days, sick days, or paid time off
- Any missed bonuses or commissions
- Any other additional income missed because of the absence; and
- Lost benefits and other perks they missed
If we handle your case, we will put together evidence to show how your time away from work affected you financially. This may be able to help you win compensation for this type of loss.
Can I get compensation for diminished or lost earning capacity?
In some cases, car accident victims cannot return to their previous job after they recover from their injuries. They either have lasting impairments that prevent them from completing job-related tasks, or they cannot work at all. If this happened to you, you might be able to recover compensation for your diminished or lost earning capacity.
If you can no longer work your previous job
If you required back surgery and can no longer lift heavy items, for example, you would not be able to return to your job sorting packages for a delivery company. You would need to find a more sedentary job. The difference in pay between your previous job and your new job would be the diminished earning capacity.
If we can prove you can no longer earn the same income you used to because of your accident injuries, we might be able to recover compensation for you through an insurance claim or personal injury lawsuit.
If you cannot return to work at all
In some cases, accident victims suffer a serious injury, such as a traumatic brain injury, so they cannot work at all after a car accident. A lasting impairment that prevents you from earning a living might be worth even more in court if we can convince a judge that you deserve the payout.
You might also qualify for short-term disability or Social Security Disability benefits if your condition is permanent and meets certain criteria.
How do I prove my lost wages or diminished earning capacity?
We can help you build your case to fight for compensation based on your inability to return to work after an accident. In general, building this type of case requires us to:
- Prove you missed work because your doctor told you to after suffering injuries in a car accident; and
- Prove the value of your losses associated with your time away from your job.
As a part of our full investigation into your car accident, we will try to identify and collect the documentation necessary to prove these key details. This evidence could include:
- A note from your doctor telling you that you cannot work
- A letter from your company outlining your pay rate and days missed
- Documentation of any paid time off, vacation days, or sick days you used
- Documentation showing any overtime opportunities, missed commissions, and other additional lost income; and
- Proof of recent income and your previous year’s taxes if you are self-employed
How can I get help from a car accident lawyer in Texas?
The Texas legal team from D. Miller & Associates, PLLC™, offers free case evaluations and consultations to car wreck victims. Our car accident lawyers can review your situation and help you understand if you may have a viable case for recovering compensation for your lost wages and diminished earning capacity.
We can also help you prove negligence in your car accident
Proving that the liable party who caused the accident injured you is critical to your case. We can review the evidence you have, including photos, videos, and witness statements, to help build your case for negligence.
An injury case must meet four elements to be considered negligence. We must be able to show the party or parties who caused your car accident:
- Owed you a duty of care to drive responsibly
- Breached this duty of care by not driving carefully
- Caused an accident that injured you
- Caused you to suffer compensatory damages due to the accident
If we can establish that all four of these occurred in your case, we can then prepare your insurance claim or lawsuit and present your case for damages. We will attempt to negotiate with the insurance company for a settlement on your behalf. If negotiations do not produce a settlement, then our next likely step is to take your case to court.
Get in touch with us today
Call us today at 713-850-8600 for your complimentary initial consultation. We will review the details of your accident and what options you have for financial recovery. We encourage you to reach out to us as soon as you can before the two-year statute of limitations set by Texas law expires.