Whether you’ve just gotten your license or you’re a seasoned driver with years of experience under your belt, accidents while operating a vehicle can happen. It could be the other driver’s fault, negligence on your behalf, or a combination of both. No matter the reason, anyone involved could be held financially responsible — especially if the accident results in you not being able to work. But, what happens if the car accident results in no injuries? Can you still recover lost wages?
What are lost wages?
When you’ve been involved in a car accident or other personal injury case, there are various rules for compensation. If your vehicle was damaged and you are found partially at fault, then you may be held financially responsible for a portion of the damages. The same applies if there are any injuries during the car accident.
When an accident impacts your ability to do your job, there are two different types of compensation: lost wages and lost earning capacity. Lost wages is the difference in the amount of income when comparing the amount before and after an accident. This means that if your income changes as a direct correlation with the incident, then you may be able to recover lost wages.
Florida Law for Recovery
Florida Statute 627.736 specifically addresses individuals who cannot work or have experienced a loss of income after an accident. In these circumstances, an injured party can recover against their own insurance company. However, this amount is only 60% of any loss of gross income and loss of earning capacity per individual. So, what about the other 40%? 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 lost income as a result of the accident.
Can you recover lost wages from an accident without injury?
The law addresses what someone who has experienced injuries can recover for lost wages, but what about those who didn’t experience an injury? While it’s extremely difficult to prove, there are some unique situations where lost wages may be recovered in an accident where no injuries occurred. The key is being able to prove without a doubt that your salary was directly impacted by the accident. For example, if the accident caused you to run late for work and your employment was terminated solely based on this instance, you may have a viable case for lost wages.
How a Lawyer Can Help
If you’ve been involved in a car accident, even if you weren’t injured, it’s crucial to consult with an experienced attorney if your livelihood was impacted. A seasoned personal injury lawyer will be able to collect relevant evidence to help you prove your claims. This includes collecting legal documentation, key witnesses, and video surveillance in a timely manner. This ensures you’ll achieve the best outcome possible for your case.
How the Expert Lawyers at Clark Hartpence Law Can Help
If you or someone you know has been involved in a car accident, call the expert Clark Hartpence Law legal team at (855) 680-4911. You can also schedule a free consultation. The highly experienced and skilled attorneys understand the laws and complexities of personal injuries, including lost wages, and we know how to fully protect your legal rights.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.