How to Recover Lost Pay After a Georgia Car Accident?

Woman on crutches getting inside the red car.

To ensure you receive compensation for lost income with your car accident claim in Georgia, you must provide evidence of how much money you lost due to your injuries. Documentation can include medical records, doctor’s notes, a letter from your employer detailing your missed time at work, and tax documents. Although gathering the necessary evidence may feel challenging when recovering from your injuries, an experienced Georgia car accident attorney can handle the whole process on your behalf.

How Do I Prove the Pay I Lost Due to the Car Accident?

When it comes to proving your lost wages, providing evidence clearly showing the direct impact of your accident-related injuries on your ability to work is crucial. Insurance companies often try to dispute your claim by questioning whether your injuries actually prevented you from fulfilling your work obligations. You must present a compelling case showing that taking time off from work was medically necessary.

One of the most effective ways to substantiate your claim is by getting a statement from your physician. Your doctor will offer their expert opinion on how your injuries affect your ability to work. Even if they believe you can still perform certain tasks, your doctor may recommend restrictions. Your employer might be unable to accommodate these restrictions, resulting in your inability to return to work. In such instances, you still have the right to recover your lost wages.

In addition to a comprehensive medical statement, several supporting documents can help strengthen your case by providing tangible proof of the time you missed at work. These include:

  • Timesheets
  • Tax returns
  • Pay stubs
  • W-2 forms
  • Letters from your employer

A written statement from your HR (Human Resources) department outlining any missed benefits, pay, or other opportunities directly related to your absence can also be helpful.

By compiling a well-documented collection of evidence, you can effectively demonstrate the financial impact of the accident on your income and increase your chances of recovering the lost wages you rightfully deserve.

Can I Also Recover Future Lost Earning Capacity Due to My Car Accident?

Many accident-related injuries are so severe that they prevent a person from returning to the job they held before the accident. Others keep the individual from going back to work at all. If your injuries have reduced or eliminated your earning capacity, you can seek compensation for the income you would have earned had the accident never occurred. Calculating the amount you should receive can be complex. A Georgia car accident attorney can help you understand your rights.

How Do I Recover Lost Income If I Am Self-Employed?

Self-employed individuals have the same right to seek compensation for lost income in a car accident claim as those who earn wages. But for independent contractors, freelancers, and gig workers, establishing the amount of lost income can present unique challenges. The key lies in demonstrating the impact of the accident on your typical workload and the time you were unable to work.

To effectively prove your case, you will need to provide documents that substantiate your lost income, including:

  • Tax returns
  • 1099-MISC forms
  • Correspondence with regular or potential clients
  • Profit and loss statements
  • Documentation from your accountant

Self-employed individuals often encounter greater hurdles when negotiating with insurance companies. Collaborating with an experienced personal injury lawyer can be instrumental in building a solid case. They can compile all the essential documentation and present it in a clear and compelling manner.

Is It Possible to Recover Compensation for Paid Time Off?

Driver involved in car accident consulting doctor for his back pain injuries.You have the right to recover not only the income you would have earned while working but also the value of any paid time off that you could not utilize due to the accident. This includes various types of time off you would have received payment for, such as:

  • Personal days
  • Vacation days
  • Sick days
  • Paid time off (PTO)

Although you may have already received the monetary equivalent for these days off following the accident, the intention behind these benefits was to give you the freedom to use them at your discretion. However, another party’s negligence made you use these days unexpectedly. As a result, they are no longer available – whether for a well-deserved vacation or to recover from illnesses.

Your injury claim allows you to seek compensation for the value of the paid time off that the accident has prevented you from enjoying. The amount you can claim typically depends on your daily wages and the value of the missed time off.

How Long Do I Have to File My Car Accident Lawsuit in Georgia?

The statutory period for filing a car accident lawsuit in Georgia is generally two years from the accident date. If you don’t begin legal proceedings by this deadline, you may lose your right to recover the compensation you deserve. Working with a knowledgeable attorney can help you protect your claim by completing all necessary filings on time.

Contact a Georgia Car Accident Lawyer

Life after an accident can feel overwhelming. Dealing with physical pain and emotional turmoil on your own is challenging enough. If you also have to suffer the financial consequences of missing time at work, your situation can begin to feel particularly alarming. You deserve to hold the at-fault party accountable for their negligence by taking action now. A skilled car accident lawyer can work to recover the compensation you deserve for lost income, medical expenses, pain and suffering, and more.

The Georgia car accident lawyers at Sherrod & Bernard, P.C., have what it takes to fight for your rights. We are passionate about protecting the interests of injured people across West Georgia and promise to give your case the individualized attention you deserve. Call us today or contact us online for a free consultation to learn more about how we can help you.

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Author: John Sherrod

John W. Sherrod is a Founding Partner of Sherrod & Bernard, P.C., who has represented injury victims and their families in Georgia for more than 30 years. A native of Marietta, Georgia, John graduated cum laude from the University of Georgia in 1984 and graduated from Mercer University’s Walter F. George School of Law at the top of his class in 1987. In addition to his law practice, John is a frequent speaker at trial lawyer functions and an active member of several professional organizations, including the Georgia Trial Lawyers Association and Southern Trial Lawyers Association.