Claiming Loss of Earnings After a Car Accident

Claiming Loss of Earnings After A Utah Car Accident

In Utah, PIP (personal injury protection) benefits can offset some loss in income if you cannot work due to an accident. However, benefits are limited to whichever is less: $250 per week or 85% of lost gross income or lost earning capacity, for no more than 52 consecutive weeks. The good news is that PIP benefits are not the only method of claiming loss of earnings after a car accident. If you have suffered a serious injury, you may file a claim with an at-fault driver’s insurance company and file a lawsuit.

Claiming Loss of Earnings After a Nevada Car Accident

Nevada is not a no-fault state; if you are injured in a car accident, you have the right to file a claim or lawsuit against the at-fault driver without filing a PIP claim against your own insurance policy. The driver who caused the injuries is liable for lost wages from a car accident as well as loss of earning capacity.

What Lost Wages Can Be Recovered After a Car Accident?

After an accident, you may be entitled to recover lost income for the time that you could not work due to the injury – known as “lost wages” – as well as the amount that expected wages were likely reduced due to the accident – referred to as “lost earning capacity”.

Lost wages are very inclusive. They can include your regular wages as well as expected overtime, vacation, and/or sick days that you used for the injury, lost bonuses, anticipated commissions, and any other pay or benefits that you lost out on. Careful calculation is important; it is easy to overlook sources of pay and benefits like used or unaccrued sick days.

The financial damages involved in the loss of earning capacity are trickier to calculate. Your attorney will likely build a case using evidence of the trajectory of your work history and may call in expert witnesses to calculate the cumulative value of factors like any missed raises or promotions, or time off for anticipated future medical issues.

Suing for Financial Damages

If an insurance claim is not leading to full compensation for lost wages and other accident-related damages, you may need to file a personal injury lawsuit. While not every accident victim in Utah is eligible to file a lawsuit, those who do have four years to do so. In Nevada, a victim does not need to prove a serious injury to qualify for a lawsuit, so anyone injured in a car accident can sue the at-fault driver, but the statute of limitations is only two years.

In addition to filing deadlines, it is important to know which court to file in and to identify other potentially liable parties to include as defendants. The specific requirements differ by location, so it is a good idea to speak with a Nevada car accident lawyer or a Utah car accident attorney, depending on where your accident occurred, to receive relevant guidance.

Speak With a Car Accident Lawyer

The impact of a serious car accident can be far-reaching. Trust the car accident lawyers at Valiente Mott to fight for full compensation. We are dedicated to serving clients throughout Nevada and Utah. Contact our team today for a free consultation.