How to get lost wages after a car accident in Texas? To get lost wages after a car accident in Texas, it is critical to gather all supporting evidence, follow the claims process, protect your claim by understanding relevant Texas laws, and retain representation.
An Arlington car accident lawyer can protect the integrity of your claim for lost wages and fight for your right to fair compensation. Even if you have lost wages from a car accident without injury, you still may qualify for compensation.
Gather Crucial Evidence to Support Your Claim for Lost Wages From a Car Accident in Texas
To pursue lost wages after a car accident in Texas, keep in mind that the strength of your claim depends on detailed documentation. Insurance agents tend to heavily scrutinize evidence. You need clear, strong documentation that shows your lost wages directly correlate to your car crash.
Key Documents You Should Collect
Some critical evidence you will need to support your claim for lost wages includes:
- Medical records and Medical Source Statements (MSS): Request the full, detailed records showing objective clinical findings, functional limitations, physician opinions, test results, and the treatment history. Also, ask your treating doctor or doctors to write an MSS, a statement that translates your records into a clear medical opinion.
- Employer verification: A letter on company letterhead stating your position, salary, hire date, as well as the days you missed due to the car accident. This will help link the date of the accident to your missed days, verifying your lost wages.
- Proof of income: In addition to the letter from your employer, gather your recent pay stubs, bank statements, or your taxes to show what you made before the car crash.
However, if you only include your base salary, that may not show the full picture of wages that were lost during your recovery time.
Evidence to Calculate Your Total Lost Earnings
To calculate your lost wages car accident claim properly, you may need to show more supporting evidence than just your salary. For example:
- Would you have earned overtime pay?
- Did you miss tips or commissions?
- Did you lose benefits, like employer contributions to your retirement fund?
If you are self-employed, pull together business records, invoices, and tax documents to support the income you would have received had the accident not occurred.
The Process of Filing Your Lost Wages Personal Injury Claim
Once you have the extensive documentation together, you can submit your car accident claim to the responsible party’s insurance company. Different insurance companies may have their own process of submission, so it’s important to take your time to prevent mistakes.
Notifying the Insurance Companies
Timing is critical for filing a car accident claim. The at-fault driver’s insurance company will need to be notified as soon as possible after a crash. However, depending on the circumstances of the car accident, you may need to file with your insurance company.
If you have Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UM/UIM) coverage, you may be able to gain a partial reimbursement for lost wages. Discussing your options with an experienced attorney can help you make this decision.
Submitting Your Evidence
After gathering your documentation, provide the insurance adjuster assigned to your case with your evidence. Include a detailed calculation of your lost wages from the car accident.
Be sure to keep all communication with the insurance agent in writing. If your car accident claim is denied or your claim for lost wages is disputed, these records can help support your appeal. In addition, they may show the insurer violated Texas Insurance Code §542 regarding prompt payments.
Understanding Texas Law and Your Options to Recover Lost Wages Car Accident Compensation
Texas is an at-fault state. In a car crash, this means that the negligent driver is financially responsible for your damages, including lost income. To be reimbursed for lost wages, you need to establish liability.
Sharing Fault for a Car Accident
Under Texas Civil Practice and Remedies Code §33.001, proportioned responsibility may affect your ability to collect the full amount of lost wages you are owed. Under the law, if you bear 51% or more of the blame for the car accident, you may be barred from recovering anything.
If you are found to be 50% or less at fault, your settlement will be reduced accordingly. Fault is one of the most highly contested aspects in any car accident claim, as a result. It is not uncommon for insurance companies to push back, arguing you bear more responsibility in the accident than you do.
A personal injury law firm may have access to expert reconstructionists who can accurately show how the accident occurred and how liability should be doled out. This can protect your claim and your right to full reimbursement of lost wages after a car accident in Texas.
Why You Should Consider Legal Guidance for Your Lost Wages from a Car Accident Claim
Missing work can add significant financial stress on top of an already strenuous recovery. You have the right to fight to get lost wages from a car accident. However, handling insurance negotiations and collecting a mountain of evidence to support your claim can be difficult.
Insurance adjusters are trained to minimize settlements. As discussed above, this may include arguing responsibility for the car accident as well as carefully scrutinizing medical records and supporting lost income documents.
Having an Arlington personal injury lawyer by your side can shield you from some unsavory insurance practices. If you are unsure what a car accident lawyer does, they can negotiate with the insurance company on your behalf, gather and assemble critical evidence of the accident and your lost wages, and take your claim to trial if a reasonable settlement offer is not made.
At The Texas Law Dog, We Don’t Just Bark. We Bite.
The support of an experienced attorney can make a significant difference in the success of your case. Our founding attorney, Matthew E. Aulsbrook, has an extensive history in the insurance industry. He brings a unique perspective to personal injury cases, fighting adamantly on behalf of clients.
At The Texas Law Dog, we understand the need to get lost wages after a car accident. We will work tirelessly to recover the compensation you deserve.
Contact us today for a free consultation and discuss your best options for recovering your lost wages.
