LEGAL GUIDE
Written by attorney Jon Ethan Lewis | Apr 13, 2010

Alabama Car Accident - Lost Wages

In Alabama, if you are injured in a wreck, part of your damages are lost wages. What are lost wages? You cannot simply say you cannot work, not show up to work, and claim lost wages. In order to prove lost wages, you must be significantly injured, and your doctor must take you out of work. Usually, the doctor will write an off work slip. Keep these for your records.

Once the Doctor has taken you off work, you can then get information from you human resources person or supervisor which illustrates how much work you missed and what you would have been paid. This helps your attorney and the insurance company understand what the calculation is. If you used sick days or personal days, you should be compensated for having to use those.

What if you are your own boss or and independent contractor? The key is documentation. Document what jobs you had. Get the person(s) who had hired you to write you a letter and state that I was going to hire "John Doe" for X amount of dollars, but he was injured, and I had to hire someone else. Also, your tax records might reflect the loss, but that can be less accurate.

Finally, one issue that may arise is your "future earning capacity." You are entitled to damages for the loss of future earning capacity. If you are a worker in the heavy category with little education, i.e.: laborer on construction jobs, and you have back surgery with a permanent impairment, you might have a loss of future earning capaciy.

These are some of the things you need to think about when making a claim for lost wages.

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