Can You Claim Lost Wages After a Car Accident in Miami?
If you are unable to work after a car accident, lost income may add to your financial burden. Bills pile up, and you wonder, “Can I claim lost wages from a car accident? The answer is often yes.
James D. Payer, a Miami car accident lawyer with decades of experience, and our legal team at Payer Law can guide you through the process. Contact us today by calling (305) 363-7099 reaching out online to schedule a free case evaluation.
Reviewed by: James D. Payer
KEY TAKEAWAYS
- If you have missed work because of car accident injuries, you may qualify for compensation, even if you are self-employed.
- You may collect compensation through your insurer, the other party's liability coverage, or a personal injury lawsuit.
- Being fired or partially at fault does not bar you from compensation.
- An experienced attorney can explain how to get lost wages after an accident.
Table of Contents
- What Counts as Lost Wages After a Car Accident?
- Who Pays for Lost Wages After a Car Accident in Miami?
- What Factors Affect How Much Lost Wages You Can Recover?
- How Does Being Partially at Fault Affect Your Lost Wage Claim?
- Can You Claim Future Lost Wages After an Accident in Miami?
- What if You Were Driving a Company Vehicle?
- How Do You Prove Lost Wages After a Car Accident in Miami?
- How Long Does It Take To Get Lost Wages Paid in Miami?
- What To Do if You’re Out of Work Due to a Car Accident
- Talk to a Miami Car Accident Lawyer To Recover Lost Wages
What Counts as Lost Wages After a Car Accident?
Lost wages include any income you would have earned had the accident not happened. Examples include:
- Missed work days
- Reduced hours
- Unpaid leave
- Inability to return to work
Self-employed individuals and gig workers can also claim loss of wages after a car accident. This lost income may include canceled contracts or gigs, missed freelance opportunities, and a reduced potential to earn.
In legal cases, the term “lost wages” typically refers to brief periods of missed work, often two weeks or fewer. Longer-term wage loss is also known as diminished earning capacity, meaning your ability to work has changed for the foreseeable future.
Who Pays for Lost Wages After a Car Accident in Miami?
Car insurance typically covers lost wages in a Miami car accident, but there are limitations. Florida law requires all drivers to carry personal injury protection (PIP) which covers up to 60 percent of lost wages. The total limit for PIP coverage is $10,000, including all medical and disability expenses.
You may be eligible to claim remaining costs from the at-fault party’s bodily injury liability coverage. If the driver received a moving violation, such as a speeding ticket, this coverage is mandatory and must be worth at least $10,000 per person or $20,000 per accident. Liability coverage applies to lost wages and other disability costs as well as medical expenses.
When Can You File a Lawsuit?
If your injury is severe, you may file a lawsuit against the at-fault driver for additional lost wages. Florida defines a serious injury as one that results in significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
The at-fault driver would be directly responsible for damages in a successful lawsuit, with the possible exception of employees driving for work. A doctrine called respondeat superior allows liability to pass to the employer if the driver was on the job at the time of the accident.
What Factors Affect How Much Lost Wages You Can Recover?
- Average income before the crash
- Number of missed days or weeks of work
- Type of employment, such as hourly, salaried, or contract
- Ability to return to your previous role or position
- Capacity for alternative employment
- Anticipated career trajectory
How Does Being Partially at Fault Affect Your Lost Wage Claim?
Florida law allows you to file a lawsuit if you share fault for the accident, provided you were not more than 50 percent at fault. This rule is known as modified comparative negligence and applies to most injury cases, including claims for lost wages.
If you recover compensation in a shared-fault situation, the court will reduce your compensation by your percentage of responsibility. For example, if you were 30 percent at fault for the accident and received $100,000 in damages for lost wages, you would collect $70,000.
Can You Claim Future Lost Wages After an Accident in Miami?
You can claim future loss of income due to a car accident if your injuries are severe enough to affect your work capacity long-term. You must make a connection between your professional duties and the long-term effects of your injuries.
Consider these examples:
- A nurse who can’t perform bedside tasks
- A teacher who can’t stand for long hours
- A delivery driver who can’t lift packages out of the truck
The value of future lost wages claims depends on your employability, which includes factors such as your age, prior career path, education, and any medical limitations. Career-related documentation can support these claims, as can testimony from vocational or economic experts.
What if You Were Driving a Company Vehicle?
If you were working at the time of the accident, your injuries could qualify as work-related, which means you might be eligible for workers’ compensation coverage. Because workers’ comp is not fault-related, you would not need to prove the other driver’s liability for coverage.
If another driver caused the crash, you may be able to file a third-party lawsuit in addition to your workers’ compensation claim. If you were responsible, you may still have options, but there may be financial and job-related complications.
For example, you can get fired for crashing a company car if your employer’s policies permit, particularly if your negligent actions led to the collision. Florida is an at-will employment state, which means your employer can fire you because of a crash.
If that happens, it may affect your ability to claim loss of earnings. This type of compensation assumes that your injuries kept you out of work, not because your job fired you after an accident in the company car. You may also face insurance consequences, such as increased premiums.
How Do You Prove Lost Wages After a Car Accident in Miami?
To claim lost wages from a car accident, you’ll need to demonstrate your typical earning levels and why your injuries leave you unable to work. Typical evidence includes:
- Medical records showing activity restrictions
- A letter from your employer confirming missed work due to car accident injuries
- Proof of typical income, such as pay stubs, W-2 forms, or tax returns
If you are a freelance or gig worker, you will need alternative documentation of missed work. The more thorough you can be, the more difficult it is for the opposing party to question your income loss. Plan to gather as many of the following as possible:
- 1099 forms
- Client invoices
- Profit and loss statements
- Documentation of canceled projects
You may benefit from having documentation for multiple years, as it strengthens your case for your income.
How Long Does It Take To Get Lost Wages Paid in Miami?
- Injury severity: More severe injuries often result in higher costs, which can prolong the claim process.
- Disputes over fault or wages: The other party may dispute lost wages or try to shift blame onto you, aiming to reduce their payout or push you over the 50% liability threshold. They may also question the amount of lost wages.
- Completeness of documentation: If your initial claim does not include enough evidence to prove liability and the lost wage amount, sourcing additional proof may delay your case.
What To Do if You’re Out of Work Due to a Car Accident
If you’ve been missing work due to a car accident, follow these steps to protect your rights:
- Get medical care within 14 days: This is a requirement for PIP eligibility in Florida.
- Notify your employer about your condition and expected recovery time: The company may help you document your absence and potentially help you get coverage under the Family and Medical Leave Act.
- Collect pay stubs, employer letters, and medical documentation: The sooner you start documenting your lost income, the easier it is to pursue full compensation.
- Track all appointments, treatments, and restrictions: An insurer or court will need proof of your injury and how it affects your ability to work. Detailed information is crucial.
- Contact a Miami car accident lawyer: James D. Payer can help you secure and protect your claim for lost wages.
A lawyer can also help you with any employment concerns, such as what happens if you lose your job due to a car accident. Working in an at-fault state means you can often be fired for missing work due to a car accident, but certain protections may be in place.
Talk to a Miami Car Accident Lawyer To Recover Lost Wages
If you’ve missed work due to car accident injuries, you may be entitled to compensation, even if you were fired after the crash or worked on a freelance basis. The process can feel intimidating, but you’re not alone.
Payer Law Personal Injury Lawyers can help. We understand Miami’s no-fault insurance rules and wage loss, and we can help you build your case, prove income loss, and negotiate with insurers. And if your crash qualifies as a work accident, we can help you navigate the workers’ compensation process.
It pays to call Payer. Call 305-363-7099 today or contact us online for a free consultation—no fees unless we win your case!
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
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- What to Do After a Car Accident
- Timeline to File a Car Accident Claim
- Recovering Lost Wages After a Crash
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