One of the most common types of damages resulting from a Houston car accident is lost wages or income. Accident victims who suffer serious injuries are often unable to return to work immediately and instead must take time off, either temporarily or for an extended period of time.
If the victim is not at fault for the accident, he or she should not be made to pay for lost wages on their own. Instead, the at-fault party should be held liable. Before a Texas court will award you for lost wages, you will have to prove this type of loss in a personal injury case.
What Is Lost Income?
Lost income refers to the earnings missed when an employee is required to stay home following an accident due to their injuries. When a physical injury impedes an employee’s ability to fulfill the important tasks of his or her job, the employee will have to stay home until he or she recovers enough to return.
In certain cases, an employee is able to return to work but in a limited capacity and for a lower wage. In other situations, an employee will need to go without income entirely until he or she is able to return to work. In severe and catastrophic injury cases, a victim may be unable to ever return to work. A lost income award during a personal injury case in Texas can cover many types of income and benefits, such as:
- Hourly wages
- Tips and perks
- Bonuses
- Overtime
- Sick leave
- Vacation days
Under Texas law, victims are allowed to recover financial compensation for these wage-related damages after accidents force them to take time off of work. Even if you had available sick days, you are entitled to reimbursement if you did not cause your injury. However, it will be your responsibility to prove your lost wages if you wish to obtain this kind of reimbursement.
Evidence of Lost Wages in a Texas Personal Injury Case
One of the elements that must be proven for a successful personal injury case in Texas is damages suffered. The wrongful act of the defendant must have inflicted the victim with real, specific, and compensable losses. These damages may include lost wages. If you are seeking financial compensation for lost income, you or your Houston personal injury attorney will need to provide evidence, including:
- Information about your job, including typical hours worked
- Pay stubs from before the accident
- Tax return statements and W2s
- Wage verification letter from your employer
- Your business’ banking records, if self-employed
- Medical records
- Letter from your doctor confirming you cannot work
- Expert testimony
These are typical examples of evidence and documentation used to prove a plaintiff’s eligibility for awards regarding lost wages. Usually, if accident victims are awarded an amount for lost income, it will match the exact or estimated wages and benefits the employee would have earned had the accident not happened.
Can You Seek Compensation for Future Lost Wages?
You are able to file a claim for future lost income in Texas if you will have your injury for the foreseeable future. If you suffered from a catastrophic injury, such as broken bone, traumatic brain injury, or spinal cord injury that will leave you unable to work for months, years, or your entire life, you and your Houston personal injury attorney can recover compensation for the projected amount of time you will be unable to earn a wage.
An award for the lost potential to earn could cover projected future income and likely promotions and pay raise opportunities. Proving lost future earnings usually requires testimony from your doctor and employer stating that your injuries will leave you unable to work for a given period of time. You may also need to hire a forensic account to prove how you arrived at the amount you are claiming in lost future earnings. Work with a qualified personal injury attorney in Houston to increase your chances of obtaining a fair amount for your lost wages in Texas.
Personal Injury Lawyers in Houston
The attorneys at West Loop Law and the Law Office of Nhan Nguyen, MD, JD have years of experience representing crash victims across the state. It is our goal to provide our clients with the best legal representation available. Our experienced Houston car wreck lawyers are dedicated to defending your rights in personal injury matters, in cases related to defective products, recalled drugs, child injuries, and car crashes.
If you or a loved one has been injured in an accident, contact our offices immediately at 713-840-7200 to see what we can do for you.
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