Accident-Related Injuries: How Truckers May Recover Lost Wages
According to data from the National Highway Traffic Safety Administration, fatalities resulting from large truck crashes in 2017 reached their highest level in 29 years.
In 2017, fatalities from accidents involving large truck fatalities rose 9% to 4,761, recording an increase of 392 lost lives, compared to the previous year. Of this number, approximately 1,300 were truckers.
In addition, according to the World Health Organization, about 2.35 million Americans suffer injuries or disability due to road crashes each year.
Truck drivers who are always on the road may be particularly vulnerable to accidents. If you have, unfortunately, been victim to an accident that left you with injuries, you are also likely left with consequences that impact every aspect of your livelihood.
Your injuries may leave you unable to return to work, which is especially damaging if you are the main source of income in the family. You could also end up dealing with high medical bills. Add that to your existing mortgage, utility bills, and other expenses.
If you are wondering if there is a way you can possibly recover lost wages, the answer is yes. There may be a way for you to recover lost wages, with help from a personal injury lawyer. Truck Driver Rights explains the steps you need to take to secure your rights to compensation.
Assess the Situation
How long did you have to go without compensation after the accident? If you have been gone from work for a couple of weeks, then the answer may be relatively straightforward and you’re likely able to assert your right to compensation.
However, if you have missed several months of work or were unable to file a compensation claim until a year or more after the accident – that’s when it becomes complicated.
A personal injury lawyer can assess whether it’s in your best interest to file a legal claim per the Statute of Limitations. Your attorney may also be able to negotiate and settle the case on your behalf, with the insurance company or your employer, outside of court.
Understand Your Options
There are two types of recovery that may be available to you including Lost Earning Capacity and Lost Wages.
Lost Earning Capacity refers to the compensation paid to plaintiffs who have suffered such severe injuries that impair their ability to earn an income in the future. To determine whether the injuries suffered after the accident has diminished the victim’s future capacity to earn, the court will look into factors such as plaintiff’s current health, age, life expectancy, income level, education, training experience, skills, and talents, among others. The court will also assess the plaintiff’s past income level, to come up with an appropriate figure for loss of earning capacity.
Past or Future Lost Wages. This is a type of damages that a plaintiff may recover based on the amount of work missed from the date the injury has been incurred to the ultimate date of settlement.
Take note that whether you are an hourly or salaried employee can impact the amount of compensation you may receive. In addition to loss of earning capacity or lost wages, you may be entitled to receive other types of compensation such as damages for disfigurement, permanent disability, medical expenses, pain and suffering, loss of companionship, mental anguish, special damages and more.
If you believe that you’re entitled to receive additional damages, your personal injury attorney should be able to explain the types of recovery that may be available to you.
Considering Settlement?
Throughout the process, you may be faced with the decision to proceed with trial or settle the case outside of court. In many cases, a personal injury attorney can handle the negotiation and settlement on behalf of the plaintiff. When an insurance company or employer is unwilling to settle the case, trial is the most viable option.
If you are unsure of the legal strategy that you must pursue for your case, your personal injury lawyer should be able to explain any possible repercussions and benefits of both options.
Don’t Delay the Process
Every personal injury case is different, and some cases may take longer to settle than others. When choosing a personal injury lawyer to work with, don’t gamble your future by going for attorneys who simply rely on textbook knowledge.
Instead, go for a personal injury attorney who has experience in handling lost wage cases. An experienced personal injury lawyer can help you get your claim moving and that it does not drag out for months. This way, you can gain access to your much-needed compensation as soon as possible.
Working with the right personal injury lawyer can help you receive financial relief, regain stability, and continue providing for those who depend on your income.
Need Help Filing a Personal Injury Claim?
If you are looking into filing a personal injury claim after being involved in an accident, turn to Truck Driver Rights. Our firm is home to truck driver attorneys who can empower you in pursuing your right to compensation.
Led by attorney Joshua Haffner who has more than two decades of experience representing truckers, you can count on us to provide aggressive representation for injured truckers and those who were deprived of their rights by their employers and corporations.
Mr. Haffner brings to the table a wealth of knowledge and experience in personal injury, specifically in insurance, employment, and class action litigation, among other legal areas that impact trucker rights. At Truck Driver Rights, rest assured that your legal claims are pursued zealously, with the goal of achieving the best possible outcome for you, quickly and efficiently.
Worried about fees? Most personal injury and wage or HR-related cases are on a “no win, no fee” basis. Please don’t hesitate to reach out to our team to learn more.
Our solid experience, hard work, and aggressive representation have resulted in many favorable resolutions for truckers. Call us today at 877-700-0009 for your questions or to schedule a consultation. You may also fill out our form and we’ll get back to you in the soonest time possible.