Are You Entitled to Lost Wage Compensation Following a Car Accident?
Yes, accident victims are eligible to receive lost wages after a car accident through their personal injury protection (PIP) insurance coverage. However, your PIP will generally only cover 60% of your gross lost income or earning potential. Luckily, you have other options if your car accident case meets certain criteria.
You can discuss your case with a car accident lawyer, and they can determine fault, possible car accident compensation, and your legal options. You may also be eligible for compensation that covers more than just medical bills and lost wages.
PIP Covers Lost Wages and Medical Expenses
According to Florida Highway Safety and Motor Vehicles (FLHSMV), all registered vehicles must carry $10,000 in personal injury protection and $10,000 in property damage liability insurance. As a no-fault state, you would file a personal injury claim with your insurance company first if you were ever in a car accident.
Per Florida Statutes § 627.736, you may recover 60% of your gross loss of income. This would also cover any diminished earning capacity. PIP also pays for 80% of your necessary medical expenses. These values are also subject to the policy limits.
If you suffer catastrophic injuries that exceed your policy limits, you may qualify to file an insurance claim or personal injury lawsuit against the at-fault driver.
Filing a Personal Injury Lawsuit After a Car Accident
Referred to as the serious injury threshold, you could file a claim or lawsuit after a car accident if your accident injuries meet certain criteria. Under Florida Statutes § 627.737, serious injuries are:
- The loss or significant impairment of a bodily function
- A permanent injury, such as nerve damage or post-traumatic stress disorder (PTSD)
- Permanent scars and disfigurement
If you have lost a loved one, the state recognizes death as a serious injury.
Evidence Proving Fault in the Car Accident
Though you may have injuries that meet the serious injury threshold and qualify to pursue fair compensation for injuries sustained in the accident, you will still need evidence. With the assistance of a personal injury lawyer, you can build a claim to file with the liable party’s insurer. The personal injury law firm will have a team of investigators and Miami car accident lawyers who will gather such evidence as:
- Police accident report
- Medical records, including your doctor’s diagnosis and medical treatment plan
- Wages statements
- Testimony from medical professionals, financial advisors, and accident reconstruction experts
- Eyewitness statements
- Photos from the accident scene, your physical injuries, and the vehicles
- Video footage from local businesses, dashcams, and traffic cameras
- Road and weather conditions
Other Car Accident Damages You Can Pursue
Lost wages include any income you may have missed out on while recovering from your injuries. That could include salary, hourly wage, tips, bonuses, and possibly even missed promotional opportunities and vacation days. Medical expenses also cover a wide range. As stated, though, both have limitations when filing a PIP claim.
Filing an accident claim against the responsible driver allows you to also pursue compensation for:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
Florida Statute of Limitations on Car Accident Cases
Auto accidents fall under personal injury law, and accident lawsuits must be filed before the statute of limitations. The statute of limitations is a legal deadline. If you do not file your lawsuit before the deadline expires, your case could be thrown out, and you will be unable to pursue compensation through the courts.
Personal injury cases in Florida have a two-year deadline, per Florida Statutes § 95.11, which means that the clock on the deadline begins on the day of the motor vehicle accident.
It may seem like enough time, but it will go fast. If you want to retain the services of a personal injury attorney, you should contact one as soon as possible. Your attorney will need time to build your case, and retaining the right to sue can be used as leverage during negotiations.
The Law Offices of Wolf & Pravato Can Pursue Compensation for Your Lost Wages and More
A for lauderdale car accident lawyer with the Law Offices of Wolf & Pravato is available to help recover your lost wages and more. Our legal team can investigate your accident, identify the at-fault parties to your accident, determine the value of a fair settlement offer, and negotiate on your behalf. If we cannot reach a fair settlement agreement, we will not hesitate to take your case to court.
Call (954) 633-8270 today to receive a free initial case evaluation. Our staff is ready to listen and help you get started. Also, we work on contingency, meaning we only receive payment when we win a negotiated settlement or court award.
