Nevada: How Do I Prove a Lost Wage Claim After an Accident?
Car accidents almost always cause injuries that leave the victim stuck at home for extended periods so they can recover. During this time, the victim does not receive their paycheck or regular salary and can, therefore, face additional financial pressure. The best thing they can do is file a lost wage claim with the help of a personal injury attorney. However, victims should understand what lost wages are and how to prove them before working with a lawyer to file a lawsuit claiming them.
What are Lost Wages?
Anyone who works expects a base pay at regular intervals, whether that is weekly, bi-weekly, or monthly. This applies to wage workers, salaried workers, or people who depend on tips.
Understanding this, there are several types of wages that you could seek when filing a claim.
The first is hourly wages. These are calculated by multiplying your hourly wage by the number of hours you work in a day and the number of days you miss work.
The other is overtime. Some people work regular overtime so calculating this amount is easy. Others work overtime during specific times of the year, such as during the holidays, and this also makes it easy to calculate lost wages.
Nevada allows workers to claim lost bonuses if they earn them if they hit specific metrics at work. Workers can also claim sick and vacation days if they use them to recover instead of as they are intended.
Anyone who regularly receives tips from clients and customers as part of their compensation package can also include them as part of their lost wages claim. However, they should work with experienced attorneys because this type of lost wage is typically more challenging to calculate than the other types.
Filing a Claim After a Car Accident
Your attorney should explain how to claim lost wages from car accident in Nevada. Filing is typically done in three ways:
● A wage claim against your auto insurance provider
● A wage claim against the at-fault driver’s insurance
● A personal injury lawsuit against the at-fault driver
When filing, you must provide documentation of independent medical examinations, medical records of injuries and treatments associated with the accident, and proof of lost wages.
Proving a Lost Wage Claim After an Accident
Proving lost wages requires different types of documentation that support each other. The first is a physician’s statement. In it, your physician notes down your injuries and their extent and then specifies how much time they recommend you stay off the job.
The second, and arguably the most important, is your pay stubs. These show what your wages were before the accident. If you do not have recent pay stubs, you can also use your W-2 or the last tax return in their place.
Self-employed people should provide different documentation because they likely do not have pay stubs. Fortunately, your car accident lawyer Nevada will discuss this with you.
Employed people also have to provide an employer statement. This statement details their work hours and how many days they have missed work. Your employer may also provide additional details such as perks, vacation and sick days, and bonuses so you can include them in the final lost wages calculations.
While you can file a lost wage claim, that is not always the best idea. The reason is you are likely to miss details and documentation that would otherwise have helped your case. Instead of doing this, find the best car accident attorneys to represent you.
They will explain your rights and options and file the lawsuit properly so you can get the compensation you deserve.
Recovering Damages Due to Lost Promotion Opportunities
Generally, a promotion comes with a pay increase. If you cannot work for an extended period or the rest of your life, you may miss promotion opportunities that lead to higher wages. In these cases, your car accident injury lawyer can include claims of lost employment opportunities when filing the lawsuit.
You must hire an experienced road accident attorney because the other party will say that calculating this type of lost opportunity is too uncertain or speculative. However, an experienced attorney can use your work and salary history to show evidence of regular promotions and a series of raises. From this data, they may be able to calculate the value of the lost opportunities.
Lost Wages vs. Loss of Future Income
You can also file a loss of future work claim in some cases. While a lost wage claim covers the money you have not earned because you have been injured, the loss of future claim covers income you will not earn in the future. This type of claim typically applies to victims who are so severely injured that they may never go back to work.
In Nevada, you are also allowed to claim loss of future income if your injuries mean you will only be able to work part-time or will have to take on a lower-paying role. As is the case in lost wage claims, a road accident lawyer must show how the accident has caused this loss.
Hiring an Attorney
There is so much to consider and keep organized when filing a lost wage claim. Instead of doing it yourself, you should hire an attorney to help you. The best car accident attorneys Nevada will also answer any questions you have about the process.
While past results do not always guarantee future events, you have the best chance of recovering your wages if you hire a car accident injury lawyer California or a law firm with a proven track record of winning these types of cases.
Losing your wages due to an inability to work caused by an accident can put extreme financial pressure on victims. In these situations, they have a right to file lost wage claims to recover the amount not earned. With the help of an attorney, victims can recover hourly wages, bonuses, sick days, the cost of missed promotion opportunities, and even tips. The attorneys at Karns & Karns Personal Injury and Accident Attorneys also provide free consultations to ensure they understand your case and provide the best representation.
