At Horst Shewmaker, we are committed to providing exceptional legal representation for individuals who have suffered injuries due to accidents. With over 30 years of combined experience, our team of seasoned attorneys specializes in personal injury law, including car accidents, truck accidents, and wrongful death cases. We understand the challenges you face and are dedicated to securing the compensation you deserve. Our approach is client-focused, ensuring personalized attention and aggressive advocacy throughout the legal process.
Car accidents can cause significant disruptions to your life, including the loss of income due to missed work while recovering from injuries. In Georgia, understanding who pays for lost wages is crucial for car accident victims seeking fair compensation. Whether through insurance claims or legal action, knowing who is responsible for covering lost wages and how to calculate the amount you’re owed can make a substantial difference in your financial recovery.
In this blog, we will explore how to recover lost wages after a car accident in Georgia, including key steps in the claims process and the importance of working with an experienced Augusta car accident attorney to ensure you receive the compensation you deserve.
What are Lost Wages in the Context of a Car Accident?
Lost wages refer to the income a person loses due to an inability to work after a car accident. Understanding how lost wages are calculated and what qualifies as lost income is essential for car accident victims in Georgia.
Definition of Lost Wages
Lost wages are the earnings a person misses out on because of car accident injuries. This includes both hourly and salaried income, as well as other forms of compensation like overtime or bonuses. If an accident victim cannot work due to their injuries, they may be entitled to compensation for the wages they would have earned during that time.
Types of Lost Wages
There are several types of lost wages a person might claim after a car accident:
- Hourly Wages: The wages a person earns based on the hours worked. If an employee misses work due to injuries from a car accident, they can claim compensation for the missed hours.
- Salary: For salaried employees, lost wages are calculated based on their regular pay. Even if a person is paid a set amount each pay period, missing work due to injuries still results in a loss of income.
- Overtime and Bonuses: If a person usually earns overtime or receives bonuses, they may be entitled to claim those earnings as lost wages if they were unable to work because of the accident.
Self-Employed and Lost Wages
For self-employed individuals, lost wages can be harder to calculate. Self-employed people may not have a regular paycheck, but they can still claim lost income. This can include the money they would have earned from contracts, projects, or clients they could not attend to due to the accident. Self-employed individuals may need to provide evidence such as tax returns, bank statements, or other records to support their claim.
Additional Types of Lost Income
- Sick Days and Vacation Time: If an employee uses sick days or vacation days to cover time missed from work due to an accident, they may claim those days as lost wages.
- Future Lost Wages: If the injuries from the accident affect a person’s ability to work in the future, they may be entitled to compensation for future lost wages. This is especially relevant in cases where the injuries result in long-term or permanent disability.
Who Pays for Lost Wages After a Car Accident in Georgia?
In Georgia, several parties may be responsible for paying for lost wages after a car accident. Understanding who is liable for this compensation can help car accident victims seek the right support.
The At-Fault Driver’s Insurance
If another driver is at fault for the accident, their insurance company may be responsible for covering lost wages. This falls under the bodily injury liability coverage of the at-fault driver’s insurance policy. To claim lost wages, the injured party must prove that the other driver was at fault and that their injuries prevented them from working.
Personal Injury Protection (PIP) Insurance
Georgia law requires that drivers carry personal injury protection (PIP) insurance. PIP can cover lost wages, regardless of who is at fault in the accident. This coverage helps pay for medical bills and lost income if a person is unable to work due to injuries sustained in a car accident. It is important to review the details of a PIP policy to determine how much lost wage compensation can be claimed.
Uninsured/Underinsured Motorist Coverage
If the at-fault driver does not have enough insurance or no insurance at all, an injured party may turn to their own uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage can help pay for lost wages when the at-fault driver’s insurance is insufficient to cover all the costs.
The Injured Party’s Own Insurance
In some cases, a car accident victim’s own insurance policy may cover lost wages. If a person has optional coverage such as disability benefits, their insurance company may help pay for lost income. Additionally, if a person has purchased supplemental policies, they may also be entitled to lost wage compensation.
Personal Injury Lawsuit
If the insurance companies do not provide sufficient compensation, the injured party may file a personal injury lawsuit against the at-fault driver. In Georgia, a personal injury lawsuit can help recover lost wages and other damages not covered by insurance. It is advisable to consult with a car accident attorney to explore this option and ensure fair compensation.
Calculating Lost Wages
Calculating lost wages involves determining the income a person missed due to their injuries. The process is straightforward but requires accurate documentation to ensure fair compensation.
Hourly Employees
For hourly employees, lost wages are calculated by multiplying the number of hours missed by the hourly wage rate. For example, if an employee earns $20 per hour and misses 40 hours of work due to a car accident, the total lost wages would be $800.
Salaried Employees
Salaried employees who miss work due to an accident have their lost wages calculated based on their regular salary. To determine the daily wage, divide the annual salary by the number of workdays in a year. For example, a person earning $50,000 per year with a 260-day work year would have a daily wage of approximately $192.31. If they miss 10 days of work, the total lost wages would be $1,923.10.
Self-Employed Individuals
Self-employed individuals face a more complex calculation for lost wages. They must prove the income they lost by showing business records, such as tax returns, bank statements, or contracts. The lost income is based on the amount the individual would have earned from their business activities if they had not been injured.
Lost Overtime and Bonuses
If a person usually works overtime or earns bonuses, these can be included in the calculation of lost wages. For instance, if an employee typically works 10 hours of overtime per week and earns $30 per hour, missing this overtime due to the accident would result in additional lost wages. Similarly, missed bonuses can be claimed if they are a regular part of the person’s earnings.
Future Lost Wages
In cases where the injury results in long-term or permanent disability, future lost wages may also be calculated. This involves determining how much income the person is likely to miss in the future due to the ongoing impact of their injuries. A personal injury attorney can help assess future lost wages, especially in cases involving severe injuries that prevent the person from returning to work.
The Role of a Car Accident Lawyer in Recovering Lost Wages
After a car accident in Georgia, a skilled car accident lawyer can be instrumental in securing compensation for lost wages. They assist in navigating insurance claims, calculating lost income, and ensuring all necessary documentation is provided.​
Assessing Lost Wages
A car accident lawyer helps determine the full extent of lost wages, including hourly, salaried, and self-employed income. They consider missed workdays, overtime, and future earning capacity. This comprehensive assessment ensures that all potential income losses are accounted for.​
Gathering Necessary Documentation
To support a lost wage claim, a car accident lawyer collects essential documents such as pay stubs, tax returns, medical records, and employer statements. This thorough documentation strengthens the case and facilitates smoother negotiations with insurance companies.​
Navigating Insurance Claims
Dealing with insurance companies can be challenging. A car accident lawyer communicates with insurers on your behalf, ensuring that your lost wage claim is taken seriously and that you receive fair compensation.​
Representing Your Interests
If negotiations with insurance companies do not lead to a satisfactory settlement, a car accident lawyer is prepared to take your case to court. They advocate for your rights, aiming to secure the compensation you deserve for lost wages and other damages.​
Local Experience in Augusta, Georgia
In Augusta, Georgia, Horst Shewmaker, LLC offers experienced legal representation for car accident victims. Their team specializes in personal injury law, providing personalized attention to each case. They assist clients in documenting lost wages, gathering necessary evidence, and navigating the legal process to ensure fair compensation.
Contact an Experienced Augusta Car Accident Lawyer Today!
If you’ve been injured in a car accident and are facing financial challenges due to lost wages, our team at Horst Shewmaker is ready to assist you. We understand the stress and frustration that comes with missing work while recovering, and we’re committed to helping you secure the compensation you need.
Contact us at (404) 400-1175 for a free case consultation today!
