Yes, you may be able to recover lost wages after an accident in Colorado, depending on the circumstances. Here is what you need to know about this process.
Who Is Responsible for Paying for Lost Wages?
If someone else was negligent in causing you injuries that resulted in lost wages, you may have a viable claim against them. This legal responsibility can arise out of a variety of situations, such as:
- Motorists in car accidents
- Property owners in slips and falls and other premises liability accidents
- Bus companies or the government in bus accidents
- General contractors, subcontractors, or property owners in construction accidents
- Dog owners in dog bite cases
- Bars, restaurants, or clubs that overserved drunk drivers
- Product manufacturers, retailers, distributors, or designers in defective product accidents
- Trucking companies, maintenance providers, or cargo loaders in trucking accident cases
Determining who is responsible for paying for lost wages can sometimes be complicated. It relies on identifying who owed a legal duty of care to prevent your injuries and violated that duty. Additionally, various forms of insurance may be available to help cover your lost wages and other losses.
What Is Included in a Lost Wages Claim?
Lost wages can refer to various types of income losses after an accident, including:
- Lost hourly wages
- Lost salary
- Bonuses and commissions
- Tips
- Overtime pay
- Paid time off, sick leave, or vacation time you had to use to cover your lost wages
- Lost retirement benefits
- Self-employment income
Additionally, if your injuries led to permanent disabilities or affect your long-term earning capacity, you can seek compensation for your reduced earning capacity.
How to Prove Lost Wages
Lost wages are a form of economic damages. As such, you can usually prove their existence and value with objective evidence, such as:
- Pay stubs: Pay stubs show your gross and net pay and are the most recent form of evidence that demonstrates your income. It can also show your overtime pay.
- Letter from your employer: A letter from your employer can provide information about your typical pay and what you earned after your injury. This evidence can show the time you missed from work, your pay rate, and missed employment opportunities.
- W-2s: Your W-2s show how much money you made in previous years from employment, providing a comprehensive outlook on your income.
- Medical records: Medical records can help evidence your inability to work.
- Tax records: Tax returns can help provide comprehensive information about your annual earnings.
Proving your lost income may be a bit more complicated if you are self-employed. Evidence that may help prove your losses might include:
- Business income statements that show a clear decline in your income since the accident
- Contracts you had to cancel due to your injuries
- Invoices that show work you were completing before your injuries
- Bank statements demonstrating your monthly income
An economic expert witness may help provide valuable input about the value of your reduced earning capacity.
Need Help Pursuing Compensation for Lost Wages? Reach Out Today
Your lost wages, benefits, and other income losses can have a significant impact on your life. If someone else’s negligence caused you to suffer these losses, they should have to pay. The personal injury attorneys at Dulin McQuinn Young can pursue compensation for the full extent of your lost wages. Contact us today to get started with a free case review.