What Happens If Your Auto Accident Injuries Put You Out Of Work
The average car weighs 4,000 lbs, and even when traveling at 25 mph, the force of impact in a collision is comparable to being hit by a 20-ton object. That only increases with the size and speed of the vehicle. As a result, injuries due to an automobile accident can be severe. In such cases, they can even put you out of work.
So what happens if your auto accident injuries are so grave you can no longer work your regular job? Do you have any options? Read on to find the answers.
The Financial Consequences Of An Accident Injury
When people think about the costs associated with auto accident injuries, they tend to focus on medical care. However, there are other costs, including the loss of income and benefits.
Severe injuries like spinal injury, traumatic brain injury (TBI), and organ damage can prevent you from having even a sedentary job. A physically demanding one in construction or agriculture is out of the question. When you end up jobless, you have no way to pay accident-related bills and regular bills such as your mortgage, utilities, and groceries. Add the pain and suffering from an injury, and your financial pressures can overwhelm you.
Do I Have Any Legal Options?
Florida state law is clear about what happens if an accident puts you out of work. According to Florida State Statute 768.81 “Comparative Fault,” economic damages in an accident are defined as:
“…Past lost income and future lost income reduced to present value; medical and funeral expenses; lost support and services; replacement value of lost personal property; loss of appraised fair market value of real property; costs of construction repairs, including labor, overhead, and profit; and any other economic loss that would not have occurred but for the injury giving rise to the cause of action.”
So if an accident causes you to lose your job, lost income is part of damages. That means if the accident was the fault of the other driver, you are legally owed for your lost wages and benefits as a result of it.
Calculating Lost Wages After An Auto Accident
Since lost wages are covered after an accident, it is equally important to understand how those wages are calculated. According to Florida State Statute 627.736 “Required personal injury protection benefits; exclusions; priority; claims,” lost wages are calculated as:
“Sixty percent of any loss of gross income and loss of earning capacity per individual from inability to work proximately caused by the injury sustained by the injured person, plus all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed without income for the benefit of his or her household. All disability benefits payable under this provision must be paid at least every 2 weeks.”
However, proving that you are owed those damages takes a lot of documentation, filing, and a thorough understanding of the law. After an accident, it is best to work with an attorney to calculate those costs, prove that they are an accurate reflection of what you’ve lost, and demand them as part of the accident settlement.
Dealing with accident injuries is hard enough without worrying about how you will live without your next paycheck. Fortunately, there are some routes you can take. With the skilled team at Justice Pays, you can make sure that you are fully compensated for all your losses as a result of the accident. Give us a call to ask for a free case review and learn more about your rights to full and fair compensation.