After a car accident, medical bills can be quite expensive, even if you have health insurance. On top of that difficulty, severe injuries may cause you to miss multiple days — or even weeks — of work. In this scenario, you’re not only gathering a large amount of medical debt, but you’re also missing out on the income you would normally use for day-to-day expenses.
If your injuries were caused in a car accident that was someone else’s fault, you may be able to claim the income you’ve lost in addition to medical bills, property damage, and other losses.
However, any insurers have strict policies on who is eligible to claim lost wages based on specific scenarios, making the process difficult for car accident victims. Victims must provide airtight documentation of their exact injuries, missed work hours, and the income they could have expected, and some policies may only reimburse a percentage of the lost income.
An Asheville car accident lawyer can make this process much easier and less stressful for you. Your attorney can provide tailored advice and assemble the strongest available evidence to back up your lost wages claim. During this process, your injury lawyer will consider a lot of important information to determine the right legal strategy for recovering lost wages after your car accident.
To calculate lost income, an injury victim needs two figures: the amount of income they have earned since they have been injured, and a projected amount of income they could have earned had they gone to work every day as expected. A lost wage claim, if successful, can then pay the difference (or the nearest difference according to the insurance policy’s rules).
Claiming lost income, therefore, is easiest for those who work steady hours and earn a steady paycheck. If your salary contract or work schedule can demonstrate that you reliably would have worked X amount of hours to earn Y amount of income had you not been hurt, then calculating lost wages can be accomplished rather easily. Even if an insurer or jury does not honor the full amount requested, the victim at least has documented a pattern of earnings that was demonstrably interrupted by their injuries.
However, not everyone works the same hours or earns the same income every month. They may be scheduled erratically. They may depend on tips or commissions. They may be self-employed or an independent contractor, earning what they can when work is available.
In these situations, injured plaintiffs must come up with a near approximation of what they would have earned. If the individual has been working the same job earning about the same income for several years, then tax returns can allow them to determine what their average income might have been. If their earning has been inconsistent, or if they recently underwent a major change that affected their income, then it can be difficult to prove to the court what you should have earned given all of the variables.
Because the calculation for lost wages can get so complex, Asheville, North Carolina car accident attorneys typically caution injury victims not to expect a certain amount, especially if they have not earned consistent income in the past few years. In very serious cases lawyers may secure the testimony of an economist to build a strong case and come up with an accurate estimate for lost wages. An economist can use their expert knowledge of the current labor market and income levels to form an accurate estimate for what the seriously injured plaintiff would have earned had they not been hurt.
Make no mistake: missing work after a car accident injury leads to an economic loss. Injury victims have the right to pursue compensation for these losses from all at-fault parties. Proving the total amount of losses can be difficult, especially in cases where the victim did not earn consistent income, but asking the right questions of doctors, economists, and accounting experts can help you build a strong case.
Find out how much your possible lost wages claim could be during a free consultation with one of our experienced Asheville car accident lawyers. Schedule your free, no-obligation consultation now when you call (855) 559-5741 or contact us online. Our phones are answered 24 hours a day, 7 days a week. We are happy to see if we can help you!
Bayer was ordered to pay a California couple more than 2 billion dollars in damages on 5/13/19 after a jury ruled in favor of the couple’s claim that their 30-year use of Bayer’s Roundup weed killer caused their cancer. This 2-billion-dollar award is the largest jury result of 2019 as of the date of the verdict. It is also noted that the result is the eighth-largest ever in a claim related to defective products litigation. This latest trial is the third in a row that Bayer has lost – all trials relating to claims that the weed killer Roundup causes cancer.
The media reports that jurors agreed that the plaintiff’s exposure to Roundup for residential landscaping was a “substantial factor” in their non-Hodgkin’s lymphoma. Bayer claims that the jury’s finding is in direct conflict with the US EPA’s recent review decision and the consensus among worldwide health regulators that glyphosate-based products can be used safely and that glyphosate is not a cause of cancer / carcinogenic. Bayer plans to appeal all of the adverse verdicts, including the most recent trial loss. While it is unclear whether there are legal merits to have this most verdict overturned, it is important to note that the bulk of the awarded damages was in punitive damages and in many cases appellate courts have ruled that punitive (damages for the purpose of punishing a defendant) should not be more than 10 times the amount of the awarded compensatory damages.
With this latest trial win for victims claiming injury because of their regular use of the weed killer Roundup, one could assume that the news will result in the additional filings of claims / lawsuits by others making similar claims. Roundup is one of the world’s most popular herbicides – so popular that genetically modified crop seeds “Roundup Ready” are sold to farmers by the maker of Roundup because the seeds are resistant to Roundup. The use of Roundup Ready crops has increased the usage of herbicides measured in pounds applied per acre 6 times as much as initially measured in 1996.
It is important to note that the main issues litigated in the cases is not the issue of whether or not the product actually causes cancer, but more related to negligence of the company pertaining to allegedly attempting to discredit an international scientific research project that resulted in a finding that Roundup probably causes cancer. Juries have ruled against the company after hearing allegations that the company manipulated its own research, colluded with regulators and intimidated scientists to keep secret the cancer risks from glyphosate.
Our dangerous and defective products attorneys are currently investigating claims related to potential Roundup injuries. If you or a loved one developed a form of lymphoma after regular use of the herbicide Roundup, please call our office for a free case evaluation. If you were hurt because a company was negligent in the way it manufactured or marketed its product, you have rights and you may be entitled to compensation Call us today at 855-971-0559 or visit www.augerlaw.com for more information.