Yes, California law allows injured victims to recover lost wages after a car wreck. This includes both past wages you’ve already missed and future earnings you won’t be able to make.
Lost wages create financial stress on top of medical bills and vehicle damage.
If you’ve missed work after a car wreck, a Los Angeles car accident lawyer can help you document and recover every dollar you’ve lost.
What Qualifies as Lost Wages
Lost wages include any income you couldn’t earn because of your accident injuries. This covers your regular salary or hourly pay for shifts you missed. It also includes overtime hours you would have worked.
Self-employed individuals can recover lost business income. Freelancers and contractors can claim projects they couldn’t complete.
Even if you used sick days or vacation time for recovery, you can recover that lost paid time off.
Commission-based employees can claim lost commissions. Bonuses you would have earned also qualify. Tips that servers, drivers, and other tipped workers lost during recovery count as recoverable wages.
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How Are These Calculated?
Salaried employees calculate them by dividing their annual salary by the number of work days per year. Multiply your daily rate by the number of days missed. This gets a figure to start with, though there can be reasons to demand more.
Hourly workers multiply their hourly rate by the hours missed. Include regular hours plus any overtime you typically work. If your schedule varies, use your average weekly hours from recent pay stubs.
Self-employed individuals need more documentation. Profit and loss statements show your typical income, and tax returns demonstrate earning patterns. Client invoices and bank statements are also used to support claims.
Future Lost Wages and Earning Capacity
Serious injuries may prevent you from returning to your previous job. Permanent disabilities can reduce your earning capacity. California law allows recovery for future lost earnings.
Future wage claims consider factors like age, education, and career trajectory. A 30-year-old professional faces decades of lost earnings. Career advancement opportunities you’ll miss also factor into calculations.
Calculating future losses requires expert testimony. Economic experts project your career earnings without the accident. They compare this to your reduced earning potential after injury.
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Lost Benefits Beyond Wages
There’s more than just lost income to recover after a car wreck.
Health insurance premiums that your employer paid may become your responsibility. Retirement contributions you and your employer would have made represent real losses.
Paid time off accrual stops when you’re not working. Many employers offer bonuses tied to attendance or performance. Stock options and profit-sharing benefits may also be affected by extended absences.
J&Y Law calculates the full value of your employment benefits, not just your base wages. We ensure insurance companies account for every financial loss your accident caused.
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How Long Can I Claim Lost Wages?
You can claim lost wages for the entire recovery period. This includes time for initial treatment, surgery, and rehabilitation.
Your claim can continue until you return to work at full capacity. If you return part-time initially, you can claim the difference.
California’s two-year statute of limitations applies to lost wage claims. Document everything as it happens rather than reconstructing later. Early documentation prevents disputes and strengthens your case.
Special Situations for Different Workers
Gig economy workers can recover lost income from rideshare driving or delivery work. Platform records showing your typical earnings support these claims. Screenshots of missed opportunities can help prove losses.
Seasonal workers face challenges in proving a typical income. Historical earnings from previous seasons establish patterns. Letters from employers confirming expected seasonal employment strengthen claims.
Workers paid under the table still have rights to lost wage recovery. While cash payments create documentation challenges, other evidence can support your claim. Witnesses, bank deposits, and spending patterns help prove your income.
Insurance Company Tactics to Reduce Lost Wage Claims
Adjusters scrutinize these claims carefully. They may claim your injuries didn’t prevent you from working. They might argue you could have returned sooner or worked light duty.
Insurance companies request excessive documentation, hoping you’ll give up. They question self-employment income and demand years of tax returns. They challenge whether you would have actually worked the hours you claim.
Some adjusters offer quick settlements before you understand your full losses. They may not account for future wage losses or reduced earning capacity. J&Y Law knows these tactics and fights back with thorough documentation and expert testimony.
Get an Attorney to Maximize Your Lost Wage Recovery After a Car Wreck
Experienced attorneys know what documentation insurance companies require. We gather comprehensive evidence before submitting your claim. This prevents delays and strengthens our negotiating position.
J&Y Law handles all communication with insurers about your lost wages. We prevent statements that could hurt your claim.
Our 80+ years of combined experience mean we know how to prove and maximize lost wage claims.
Don’t let a car wreck destroy your financial security. Contact J&Y Law today for a free consultation about recovering our lost wages after a car wreck.
Call or text (424) 453-2310 or complete a Free Case Evaluation form