Personal Injury Claim Settlement
In many cases, you can recover injury compensation for medical costs, lost wages, and property damage. Whether the injury is the result of an auto accident or any other type of accident, if negligence was a factor, you can file a claim to recover compensation from the negligent party. Contact a Fort Myers personal injury lawyer for help with your personal injury claim settlement.
Compensatory Damages In Personal Injury Case
Compensatory damages, as the name implies, are types of injury compensation that compensate the victim for the damages they suffered from the accident. Some of these – such as medical expenses, property damage, and lost wages – are easy to put a value on because the victim will provide receipts and pay stubs to show proof of loss.
Medical expenses include:
- Hospitalization
- doctors’ visits
- tests
- X-rays
- physical therapy
- medical devices
- long-term care
- any other expenses incurred as a result of the accident.
Other types of compensatory damages – such as emotional damages, pain and suffering, and loss of enjoyment of life – are not as straightforward regarding their value. Courts may take into consideration the victim’s age, occupation, and lifestyle, as well as other factors when considering these damages.
How do I make a lost wages claim?
Lost wages can include past and future loss of income because of injuries.
You can make a lost wages claim by filing a personal injury claim with the insurance company or suing the party or parties who caused your injury.
Making a Lost Wages Claim for Personal Injury Compensation
If you suffered injuries in an accident caused by someone else’s negligence, you might have missed time at work, leading to lost income. You might be able to recover compensation to cover those lost wages.
There are typically two ways to make a lost wages claim after a personal injury:
Filing a Personal Injury Settlement Insurance Claim With your Policy
Your first option for recovering compensation for your lost wages is to file an insurance claim. Depending on your state, you will either file first with your insurance company or with the at-fault party’s.
In no-fault states, injured persons file claims with their own insurance policies no matter who caused the accident. Typically, insurance will cover your lost wages. If your injuries meet a certain standard, and the settlement offer is not adequate, you can seek compensation from the at-fault party’s policy.
File an Insurance Claim with the At-Fault Party’s Policy
In fault states, injured persons file their claims against at-fault parties’ insurance companies to begin with. Your lawyer will negotiate with the insurance adjuster to attempt to secure a settlement for you, including compensation for your lost wages.
Filing an insurance claim and settling out of court is typically the best option for everyone, so all parties are usually highly motivated. However, in some cases, this isn’t an option.
Suing the At-Fault Party fro Personal Injury Compensation
When your lawyer cannot recover a settlement through out-of-court negotiations, they might suggest filing a lawsuit against the party who injured you. If this is the case, your lawyer can handle the following for you:
- Investigate your case
- Gather evidence of all your losses
- Prove the at-fault party or parties’ negligence
- Build your case and ensure it holds up against the defense
- File your case with the courts
- Attend all hearings
- Fight and advocate for you at trial
- Keep you updated on your case’s developments
- Secure a verdict in your favor
All the while, there might still be opportunities to settle your case without going to trial. Your lawyer will take those opportunities if they believe it will secure you a fair settlement for your lost wages.
Wage Loss Claims for the Self-Employed
If you are self-employed, you can still file a claim for lost wages—we just need to secure proof of your lost income. Proof that you lost income from the accident can include:
1099 forms
We can use your 1099 forms as proof of your lost wages. These tax forms are for independent contractors—those workers who the business does not hire on a full-time basis but only to do a specific job. If you have these forms on hand, we can include them in your claim.
Invoices that show your typical income
We can also use invoices from jobs you’ve completed to give a general idea of the compensation you are entitled to for your lost earnings.
Medical notes
Medical notes from healthcare providers might also help prove that missing work was a medical necessity. If you have notes from your doctors advising you to take it easy and not work, this could help us.
If you and your personal injury attorney can gather this evidence to prove that you lost wages because you needed to miss work, we can recover compensation.
Recoverable Personal Injury Claim Settlement in a Lost Wages Claim
Some of the compensation you could recover in a lost wages claim to include:
Lost income
You can recover compensation for the lost income you suffered as a result of the accident. We can prove how much you would have earned with paychecks.
Lost earning capacity
You might also be entitled to compensation for your reduced ability to earn wages. For example, if you have a disability from the accident, it might prevent you from returning to the same job and force you to take a lower-paying job in the future.
Your lawyer will account for how the injury affects your ability to earn a living when they calculate lost wages.
Lost benefits
We might also be able to include your missed benefits in your settlement. For example, if you missed contributions to your 401(k) and you lost your opportunity for your employer to match those contributions, we can attempt to recover compensation for those losses.
Lost promotions or business opportunities
You could also be entitled to compensation for the opportunities you lost as a result of your injury. For example, if you missed work for an extended period and were up for a promotion before your injury, your employer might have passed on you and hired someone else for the job.
Also, if you lost further business opportunities outside of your current job for the same reason, we can help you recover compensation in your claim or case.
Speak with an Attorney at The Law Offices of Wolf & Pravato
If you lost wages due to an accident caused by someone else’s negligence, a personal injury attorney from the Law Offices of Wolf & Pravato can help you secure compensation.
Contact our personal injury lawyer in Fort Lauderdale at the Law Offices of Wolf & Pravato for help with your personal injury claim settlement. Call us today at (954) 522-5800. If you were injured because of someone else’s negligence, you may be entitled to various forms of injury compensation.
