How to Recover Lost Wages in Motor Vehicle Accident Cases
Car accidents can be quite bothersome, particularly if they cause you to miss work or forfeit wages. Many Ohioans are interested in undertaking auto accident damages lawsuits, but these suits are somewhat complex and must be handled by a professional legal team if they are to succeed. There are certain considerations that must be made in order to enter into these lawsuits — here are a few things you need to know before you can begin the process of wage recovery and compensation.
Most Lawsuits Involve Wage Recovery Attempts
If you were in a car accident that was no fault of your own, it is very common to sue the person at fault for wage disruption. Most commonly, plaintiffs sue when they experience an injury that causes them to miss work, or if their vehicle is so extensively damaged that they physically cannot travel to work. These are the two easiest grounds to cover for recovery of wages, because they can be easily proven in a court of law that has access to medical reports or auto repair assessments.
Disabling Injuries are Grounds for Compensation As Well
Long term injuries, disabilities or chronic conditions that arise as the result of the accident are grounds for a lawsuit as well. Rather than suing for lost wages, plaintiffs sue for lost earning capacity. In essence, you are suing for the employment years and time that you missed out on by being injured in the crash. These lawsuits are more difficult to win, but they can result in impressive payouts.
Pre-existing injuries that were aggravated in the crash can be used to claim wage loss settlements as well. However, these injuries must be made worse by the accident, not simply re-aggravated to the same level of discomfort as before the crash.
High Standards of Proof
The main focus of many of these lost wages trials is the precise amount of damages that the plaintiff is entitled to. This depends on the evidence that the court is presented with, meaning that the plaintiff must supply the court with evidence of prior payment history, such as paychecks or invoices for a particular period before the accident. Of course, suing for lost earning capacity is much more complicated: often, the court will have to bring in an economic witness to serve as expert testimony in the case. This economist will examine the extent of the injury, the prior compensation history, and other extenuating circumstances like career length and work performance, before making a judgement.
Recovering lost wages after injury in a car accident is not impossible, but it is a long battle to the finish line. It is always best to retain the services of an experienced Ohio car accident attorney before entering into the legal arena.