Car accidents, which happen every day in Nevada, can result in serious injuries. When someone is forced to stop working in order to recover from injuries suffered, the added burden of financial stress is compounded on top of physical harm and property damage. While victims of car accidents often file claims to cover medical bills and repair crashed cars, they can also seek payments for lost wages. Before filing such a claim, however, it is important to know what exactly falls under lost wages and how to prove the elements in order to succeed in such a claim.
Lost Wages Explained
When someone works, there is a certain base wage that he or she is expected to be paid. While lost ages depend on whether the person was a salaried worker, a wage worker, or a tip-based worker, they typically include:
- Hourly wages – A person’s average hourly wage multiplied by the number of days missed from work due to an accident equal lost hourly wages;
- Overtime pay – While some employees regularly work overtime, others only work overtime during certain times of the year. Whichever the case, lost overtime pay is also claimable;
- Bonus pay – If a worker earns bonuses based on meeting a particular sales quota or production level, then these amounts may be included in a lost wage claim;
- Sick or vacation days – If an accident victim is forced to use sick or vacation pay to recover from an injury caused by an accident, these can be reclaimed as lost wages;
- Fringe benefits – If an accident victim’s employer provides perks such as a company cell phone, a company vehicle, a gym membership or other benefits and these are lost due to the inability to work because of an accident, the value of these items may be included in a lost wage claim;
- Tips – A worker who regularly claims tips as part of his or her normal income and is able to prove these tips may be able to include them as part of a lost wages claim.
Filing a Claim
After a car accident, the best option for an injured victim is to ensure he or she receives the medical treatment needed for the harm suffered. Doing so will also help an accident victim understand how much time he or she will lose from work. Then a Las Vegas personal injury attorney can help you determine how to seek monetary compensation in a lost wage claim including:
- Filing a personal injury lawsuit against the at-fault driver;
- Filing a claim for lost wages with your car insurance company; or
- Filing a claim for lost wages with the at-fault driver’s car insurance company.
In any of the above scenarios, an injured victim will likely be asked to submit to an independent medical examination (IME) as well as provide any medical records related to your treatment from the car accident, as well as showing proof of lost wages.
Schedule a Consultation
The attorneys at H&P Law will push for the best result in your case. Our attorneys understand how to file lost wage claims and the law that applies to these cases. To learn more about how our experienced personal injury lawyers can help you, contact our Las Vegas or Henderson office today.