Experiencing a car or motorcycle accident can be both traumatic and difficult. Even minor collisions can cause people to suffer very painful and inconvenient injuries. It is not surprising that many of those involved in car accidents will miss some time from work as they recover from injuries or go to the doctor. Unfortunately, the insurance companies often make it very difficult for people to recover lost wages following a car accident.
How to Maximize a Lost Wage Claim
When dealing with a lost wage claim, remember that the law is on your side. The Revised Arizona Jury Instructions (Civil), 5th, specifically allow a person to recover lost earnings that result from the fault of another person.
In order to maximize my clients’ lost wage recoveries, I recommend that they make every effort to do the following (if possible):
- Obtain work releases from doctors prior to missing work.
- Obtain a statement from the employer which specifies the job title, hourly rate or salary, usual hours worked per week, time missed as a result of any injuries and medical appointments, and any use of PTO, FMLA, or any other benefits.
- If self-employed, obtain copies of tax returns for at least three years prior to the accident.
- If self-employed, obtain profit and loss statements from the business and any other documentation that can be used to compare your pre- and post-accident employment.
- If self-employed, prepare and maintain a log of missed time from work with specific references to any projects, clients, or jobs that were lost as a result of the missed time from work.
Based on my experience, the insurance companies are much more critical of lost wage claims from those that are self-employed. Therefore, if you are self-employed, it is essential to have adequate documentation that demonstrates your loss of revenue.
Lost wage claims may require some additional effort. However, do not give up on the claim. Such claims may be worth a significant amount of additional compensation.
Personal injury claims can be complex and the insurance companies are prone to taking advantage of people who attempt to represent themselves. The Law Office of Shiloh K. Hoggard, P.L.L.C., has the experience and resources to obtain a favorable result for you if you are involved in a car or motorcycle accident.
The Law Office of Shiloh K. Hoggard, P.L.L.C., serves the communities of Cottonwood, Clarkdale, Jerome, Cornville, Camp Verde, Sedona, Village of Oak Creek, Rimrock, Prescott Valley, Mayer, Dewey-Humboldt, Prescott, and Chino Valley.