Yes, in some situations, you may be able to recover compensation from your insurance company for lost wages. However, policies can vary. Even if it covers lost wages, an insurance carrier might deny this claim. A personal injury lawyer can guide the process of seeking lost wages compensation from your insurer.
Louisiana is an at-fault state. A driver who causes an accident can be required to pay for the other driver, including lost wages. However, in cases where there is no coverage or the other insurance company refuses to accept liability, you might be able to recover lost wages compensation from your insurer.
Do all policies cover lost wages?
While it is common for car insurance policies to offer lost wages coverage, not every policy is required to include it. The important thing is to determine which insurance company is responsible. This is a complex legal question, which could require guidance from skilled Lafayette car accident lawyers.
If another driver is responsible for your injuries, they could be on the hook for your lost wages claim. If they carry an insurance policy as the law requires, their insurer could end up footing the bill. In this situation, the other driver’s liability insurance should cover your damages, including lost wages.
If the other driver lacks insurance or has insufficient coverage to pay for all of your damages, you could file a claim with your carrier if you have an uninsured motorist policy. This coverage is designed to protect drivers injured by people without adequate insurance.
If you caused the accident, you could still potentially recover compensation if you carry a comprehensive insurance policy. Whether or not your carrier will pay your lost wages claim will depend on the language in the contract.
What types of lost wages compensation is available in Louisiana?
The right to recover compensation in a Louisiana accident comes from Louisiana Civil Code Article 2415. According to the statute:
“Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.”
This statute provides a wide range of options to anyone damaged by another person. Lost wages are a major part of many injury claims. A personal injury attorney may seek compensation on behalf of their client for any paychecks they missed out on due to their injury. At trial, a plaintiff may establish the value of their lost wages claim with evidence including:
- Pay stubs or W-2s reflecting the plaintiff’s pre-injury income
- Testimony from the plaintiff regarding how the injury impacted their ability to work
- Medical documentation showing the plaintiff’s limitations due to the injury
- Timesheets reflecting how much work the plaintiff missed following the injury
An injury victim might have a claim for the impact their injury had on future wages, too. If the injury is so severe that it diminishes the victim’s earning capacity in the future, they may have a viable claim to recover those damages as well. If the victim can show their injury is so debilitating it will prevent them from returning to work after the claim is settled; the value of future lost wages may also be included in their claim.
Be Smart. Call Bart.
If you have missed work due to an injury, you might have a claim for lost wages. Depending on the circumstances, you might be able to recover compensation from your insurance company or the insurance carrier for the person who caused your accident. To discuss your options with a Lafayette car accident lawyer, contact Bart Bernard Injury Lawyers right away.
