Is it Possible to Recover Lost Wages After a Florida Car Accident?
A car accident is stressful. A totaled vehicle, injuries, medical bills, and insurance companies are just a few things that may involve your immediate attention. However, bills may start to pile up when you have sustained serious injuries and you cannot work.
Exactly what does Lost Wages mean?
Lost wages is the difference between the amount of income an injured person makes before and after the accident. Accordingly, the law provides for two different types of compensation: Lost wages and Lost earning capacity. Both of these forms of compensation are types of damages in a personal injury lawsuit.
You have a Right to Recover
Florida Statute 627.736 has specifically addressed individuals who cannot work or experience a loss of income after an accident. The injured party can recover against the insurance company 60% of any loss of gross income and loss of earning capacity per individual. Additionally, if your injury was a result of the negligence of another driver, then that driver’s insurance may be obligated to pay the remaining 40% of your loss income as a result of the accident.
Florida PIP and Payment for Lost Wages
If you are involved in an accident in your vehicle, then your personal car insurance company is required to make a payment to you for loss wages or loss of earning capacity. However, it’s important to realize that if you do NOT have auto insurance or own a vehicle, then the vehicle’s insurance company in which you were driving would cover lost wages. Furthermore, if you are a passenger, and the driver caused the accident, then you can make a claim under the driver’s bodily injury coverage as well as a PIP claim under that policy.
Is this an Easy Process?
Each insurance company has a specific process for receiving this loss of income. Proof is going to be one of the main requirements to receive compensation. Specifically, these requirements may be:
- Proof of Gross Income: A W2, paycheck, or paystubs may show proof of gross income
- Show Medical Injuries: a doctor will have to opine that your medical injuries prevent you from working
- Proof of Wage & Salary: this must be completed by your employer and be given to the insurance company
Speak to an Experienced Personal Injury Attorney
This process can be stressful, and an experienced personal injury attorney can help guide you smoothly through this process. Our firm has been handling personal injury cases for over 30 years. We understand the dynamics of the insurance companies and can help interpret and educate you on the current Florida Laws. We offer Free 30-minute case evaluations where we can answer all of your questions. Call today at (772) 774-7771 or click here to schedule a Free Consultation now.