The Angell Law Firm, LLC, a law firm based in Atlanta, GA, recently published a new blog post that aims to educate readers on how they can recover lost wages following an accident. Given that accident victims tend to require time away from work in order to recover, this can be disastrous for those who are not entitled for paid medical leave. The Angell Law Firm hopes that their blog post, which is freely accessible on their website, will help workers become accustomed with the legal options that are available to them in such circumstances.
According to the Atlanta personal injury lawyers, “When you’ve been injured in a car accident and have to miss work because of it, the at-fault party’s insurance company usually doesn’t pay your lost wages as you incur them. Typically, the wages you lose after an accident are not paid by the liable party’s insurer. This does not usually occur until a full and final settlement is reached. After that, you sign a release that terminates your right to receive any other damages related to the accident.”
One of the biggest problems with this series of events is the fact that it can take several months for the parties involved to come to an agreement regarding a settlement. Furthermore, the insurance company may elect to contest the settlement (or deny liability), which means the victim may in turn be required to file a lawsuit. Needless to say, this only serves to extend how long it takes for the compensation to arrive.
The Angell Law Firm personal injury lawyers observe here that accident victims often take long periods to recover from their injuries. Should they be forced to wait for compensation, they may discover their financial health suffering under ongoing medical bills, rent and other obligations as well. Given that they will probably be unable to return to work and earn a living during this period, these issues are often compounded, particularly if they have no support system (friends and family) to draw on for assistance.
Fortunately, The Angell Law Firm states that victims can file a lawsuit to recover any wages they missed as a result of their accident. “The most obvious example of recovering income you’ve missed due to injury,” the firm says, “is when a physical injury, like a broken arm, prevents you from working. In cases like this, you are entitled to recover the wages you would have received had your arm not been broken, and you were able to work. If you were to miss work for two months, you will recover the amount you would have typically been paid during those two months.” Notably, psychological injuries and other debilitating conditions are accounted for during this process, but the outcome of a case will depend on the severity of these issues and how much they affect the victim.
In the aftermath of an accident, it is possible that the injuries suffered will prevent the victim from earning a living for the foreseeable future. Should this be the case, the firm states they may seek to recover damages for lost earning capacity. This is also true if they are unable to get a better source of income due to the injuries sustained.
Should an individual choose this approach, they need to be aware that they are required to prove their lost wages or earning capacity. This can be done by providing their most recent paychecks (prior to injury) to the insurance company, and the firm clarifies that this can also include tips and other non-salary benefits. For those who are self-employed, the firm suggests that they provide invoices from the previous year.
“The more challenging part is proving how much money you should be rewarded due to your diminished earning capacity,” says the post. It adds, “Some type of expert witness will be necessary to figure out a ballpark number for what you would have earned if you weren’t disabled. Then they deduct what you will likely make given the disability. Evidence about your character and work habits, education and desire to change careers can also be factored in.”
All this means that an accident victim will likely find many obstacles on the way to receiving compensation — if they receive it at all. As a result, the firm strongly advises that they retain the assistance of an experienced personal injury attorney who can fight for their compensation on their behalf and guide them through the associated legal process. This stands to give them the best chance of a successful outcome. Fortunately for residents in Atlanta, The Angell Law Firm is one such office that provides exemplary legal aid in personal injury cases. They encourage their community to reach out if they have any questions or wish the firm’s help filing a lawsuit.
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Learn more about the Angell Law Firm on their website and other online resources. Bryce Angell of The Angell Law Firm, LLC can be reached for further details as well.
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