Accidents leave many victims in an unstable financial condition. Just when expenses are at their highest, injured victims cannot get back to work because they feel too much pain. Helpfully, Georgia law empowers victims to seek financial compensation for lost wages or income if they are hurt in an accident, but you’ll need to take a few steps to strengthen your claim. Contact Stewart Miller Simmons Trial Attorneys to speak with an Atlanta personal injury lawyer about how you were hurt and what income you have lost. Our firm can negotiate a settlement on your behalf.
Document Your Income
Before you can receive a dime, you will need to prove how much you made right before the accident. If you were a W-2 employee, then you can easily fulfill this step by obtaining a recent paystub. This will show how much you made.
Someone who is an independent contractor or has gig income will need to take additional steps because you don’t have a paystub. You can use other documents:
- Any contracts signed with clients
- 1099 forms from the previous year
- Previous year’s tax return
- Bank statements
Work with an attorney. Income can fluctuate dramatically for self-employed and independent contractors, and you want the most recent information.
For example, you might have made very little last year, but your income skyrocketed in the months before the accident. Using an outdated tax return gives a false impression of what you were earning at the time you were hurt.
You can expect the other side in a case to use the lowest number, such as the previous year’s tax return which does not fully capture recent income. We will need ample documentation to show how much you lost while recovering.
Show You Are Not Working
Providing evidence of your income is only half the battle. We also need to prove you cannot work. Some evidence includes:
- Letters from your employer confirming you have not worked since a certain date.
- Doctor’s reports advocating that you not work while you heal.
- Paystubs showing you used sick time or short-term disability benefits.
- Statements from friends or family that show you cannot work.
- Emails to clients explaining you were in an accident and have had to suspend work operations.
Your medical records will also play a crucial role in showing you are too injured to work. That’s why you should always go to the hospital after an accident.
Share Information about Your Education and Credentials
Anyone who suffers a long-lasting disability might seek loss of earning capacity. These damages represent what you would earn in the future without any injury.
For example, a warehouse worker might become permanently disabled from the waist down. Although he can do a desk job, it might not pay as much as his overnight shift at the warehouse. This worker can probably request loss of earning capacity damages. The amount will depend on certain factors, including the worker’s experience and future job prospects.
Document Lost Benefits
You can also request compensation for any work-related benefits which you lost due to the accident. Some people have health insurance, gym memberships, company car, or other employer-provided benefits which they lost after getting hurt. You should discuss every possible benefit you received with your attorney, who can advise you on how to document the loss.
Ask Questions of Your Attorney
Sometimes finding documentation is challenging. You might only have just started a sole proprietorship or home business and not have kept good records. You might have received payment in cash and never received a receipt or payment slip, or you never reported the income to the IRS on your tax return. Discuss these challenges with a lawyer.
Unfortunately, injured victims need more than just a rough estimate of their income. A judge won’t simply accept your memory. Let your legal team come up with ways to fully document lost wages.
Prove Fault for the Accident
You can be seriously injured and unemployed but still not receive any compensation if you cannot prove someone else was to blame for the accident. This is called “fault.” An attorney can help find evidence to use when reconstructing the accident to prove how it happened and why.
If you were hurt in a car crash, then useful evidence includes:
- Police report;
- Witnesses;
- Physical evidence, including the vehicles involved in the crash;
- Photographs of the accident scene and the vehicles;
- Video of the collision, if any exists.
While stuck at home rehabbing and resting, many of our clients cannot get out and find this evidence. That’s another reason to call an attorney. We can spring into action and begin gathering the information and evidence you need to bring a successful claim.
An issue in Georgia is comparative fault. Maybe you were partially to blame for the accident. Someone injured while crossing the street might have tried to jaywalk, so they have some blame if they get struck. Comparative negligence will result in a reduced settlement, and it might prevent you from seeking any compensation if you are 50% or more to blame. Our firm will fight to minimize any responsibility our clients have for their accident.
Should You Accept a New Job?
One question that arises is whether an accident victim should seek a new job as their case works its way through the system. You should speak with an attorney about this. Sometimes, you might start working only to realize you can’t handle the job due to lingering pain or disabilities. However, by starting to work, you give the other side evidence to use against you.
No one should rush back to work. At the same time, you shouldn’t stay unemployed forever, either. A lawyer can provide detailed advice if you are considering a job.
Call Our Experienced Personal Injury Lawyers for Guidance
Lost wages or income represent a large part of most settlements. Get the money you deserve after a serious accident. We can begin documenting the accident and all your financial losses. Contact us to schedule a free consultation by calling (404) 529-3476.