Being injured in a car accident can turn your life upside down. In addition to medical bills and property damage, your injuries could keep you out of work. Fortunately, may be able to be compensated for lost wages caused by a car accident in Texas. Adam Capetillo is an experienced Sugar Land car accident who will help you receive the maximum compensation for your injuries.
What are Lost Wages Under Texas Law?
Sometimes, a car accident causes injuries that prevent you from immediately returning to work. Under Texas law, lost wages refer to the income you would have earned when you were unable to work. It includes all types of income:
• Hourly wage;
• Compensation for sick days, vacation days, or paid time off you were forced to use; and
• Any other missed employment benefits or opportunities, such as retirement fund contributions.
Calculating lost wages can be tricky, so it is important to seek the help of a qualified car accident attorney.
You are entitled to lost wages in Sugar Land regardless of your type of employment (full-time, part-time, salaried, hourly worker, or self-employed).
How Do You Prove Lost Wages in Sugar Land?
There are two primary things that you need to prove to recover compensation for lost wages in Sugar Land.
1. You must establish that the injury affects your ability to work. You can use evidence such as your medical records and a supporting letter from your doctor to prove this. You must show that your injuries were directly related to the accident and not caused by any other event following the accident.
2. You must prove the value of your claim. You can use various documents to prove the value of your claim, including:
• Financial documents that show proof of recent income (i.e., pay stubs, W2s, and tax returns);
• A letter from your employer outlining your pay rate and days missed;
• Documentation of paid time off, vacation days, or sick days you used;
• Documentation showing any missed overtime opportunities or commissions;
• Employee performance reports; and
• A company handbook that details raise and bonus policies.
Making a claim for lost wages can be complicated. A qualified attorney can help you gather evidence and tackle any complicated legal issues that arise. With a lawyer on your side, you can rest assured that you will get the compensation you deserve.
Who Pays for Your Lost Wages After a Car Accident in Sugar Land?
There are various parties where you can collect lost wages after a car accident in Sugar Land. The three main options are listed below.
• At-Fault Driver’s Insurance Company. The at-fault driver’s insurance is typically the first avenue of recovery. If the driver has bodily liability coverage, their insurance company is responsible for damages caused by the car accident up to their policy limits. Texas law requires that liability insurance have minimum limits of $30,000 for each injured person, $60,000 for injuries per incident, and $25,000 for property damage.
• Your Insurance Company. Even though it is legally required, the at-fault driver may not have adequate insurance coverage, or your damages may exceed their policy limits. In these cases, you may be able to recover lost wages from your insurance company if you have uninsured or underinsured motorist coverage or personal injury protection (PIP). If you have PIP coverage, you can recover up to your policy limits regardless of who was at fault.
• At-Fault Driver. A third option is to recover lost damages directly from the at-driver or other at-fault parties through a civil lawsuit.
How Long Do You Have to File a Lawsuit for Lost Wages After a Car Accident?
With limited exceptions, you have two years to file a lawsuit in Sugar Land to recover damages from a car accident. It is critical to reach out to an experienced car accident attorney as soon as possible. Once the statute of limitations has passed, you will be barred from recovering damages no matter how strong your case is.
Your Fort Bend Auto Accident Attorney
If you or a loved one were in a car accident, you should reach out to a qualified Fort Bend attorney as soon as possible. Adam Capetillo is a Fort Bend County native who will evaluate your case and provide the best possible representation. As a skilled personal injury lawyer, Adam Capetillo can effectively guide you through the entire process from start to finish. Call Capetillo Law Firm today for a free consultation.