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Can I Claim Lost Wages After a Car Accident in Florida?

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A person with an arm brace in an office working at the computer

If you were unable to work in the aftermath of a car accident, you may seek damages to claim lost wages in Florida. A motor vehicle accident can leave you with a wrecked car, serious injuries, and mounting medical bills. Your stress and financial burden will only intensify if you cannot work.

Lost wages are attainable, but they are tricky to claim. If you were injured in a car accident in South Florida, call one of the area’s most trusted personal injury law firms, Kogan & DiSalvo. Injuries sustained in a car accident can be debilitating and victims may lose significant time away from work. We will do everything we can to help recover your lost wages in addition to your other damages.

What are Lost Wages?

Lost wages refer to what you would have made if the accident had not happened and could include regular earnings, sick days, vacation days, bonuses, and benefits. Depending on the severity of your injuries, you may also be entitled to lost earning capacity. This refers to your inability to make the same income because of your injuries. For example, an individual sustained a spinal injury in a car accident. Before this, they worked as a licensed plumber. However, now, this would be impossible–they would have to take an administrative role that pays much less.

Your Right to Lost Wages

According to Statute 627.736, Florida requires car owners to carry personal injury protection (or PIP) as part of their auto insurance. Therefore, if you cannot work because of injuries sustained during a car accident, you may be entitled to 60% of your lost wages from your insurance company. Additionally, if you didn’t cause the accident, the at-fault driver’s insurance company may compensate you for the remaining 40%. 

However, if your losses exceed $10,000, receiving additional compensation may depend on who is at fault. If the other driver caused the collision, their insurance company might be required to compensate you over and above $10,000. 

Proving Lost Wages

Proving your loss of income due to injuries sustained during a car accident will require you to gather a few essential pieces of evidence:

  • A doctor’s note stating that you are unable to work
  • Proof of income in the form of pay stubs, a W-2, or similar tax document
  • A letter from your employer verifying your loss of wages

Each insurance company has different requirements for processing and distributing lost wages, but these are the three main pieces of evidence for receiving PIP compensation. 

Filing a Claim for Lost Wages in Boca Raton

Car accidents are painful and expensive enough without the added stress caused by not working. If you live in Boca Raton and need a car accident attorney, Kogan & DiSalvo is ready to help with everything from investigation to negotiation to trial.  Our incredible team will assemble police reports and surveillance footage, collect all medical records related to the accident, and provide the documentation required to help recover your lost wages.

Kogan & DiSalvo serves residents of Palm Beach and Broward Counties, and up the Treasure Coast. Proving the severity of your injuries and establishing driver liability is often hotly contested, and we may need to file a car accident lawsuit to receive the compensation you deserve. We are ready to advocate for you. Please contact us today for a free case evaluation.

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