Claiming Lost Earnings after an Accident
- May 8, 2013
- Car Accidents
Claiming Lost Earnings And/Or Loss of Services
As a car accident attorney, I know that being severely injured in a car crash, truck wreck or any other type of accident can have a hugely detrimental impact on one’s economic situation. Just the cost of the post-accident medical bills alone can significantly disrupt an average family’s finances. It is important, however, if you or a close relative has been injured in an auto wreck or other accident that you do not just consider medical bills and other costs that you have incurred as a result of being injured, you must also take into account any income you have missed out on (or will miss out on in the future) as a direct result of being injured.
Similarly, if a member of your household has passed away as a result of an accident for which someone else was at fault, you should consider the full financial impact of your loss and consult an experienced Dallas wrongful death attorney concerning your right to make a claim.
Loss of Wages, Salary or Other Income
Most serious traffic accident and construction site accident victims I have encountered as a Dallas personal injury lawyer have had to take at least some time off work. If this time off resulted in you being unpaid for a period of time, then you can claim to be reimbursed for this loss of income as part of your personal injury claim.
Perhaps more significant is the question of how will your injuries affect your future earning capacity. It is rare, for example, that a Dallas construction worker is able to return to their same job after suffering a spinal injury. The more serious your injuries, the more limitations you might face in the future. The right to claim damages for future loss of earning capacity is particularly important to recognize in child injury cases where the victim is left with permanent disabilities which will affect them for the rest of their life. In any case where the victim suffers debilitating injuries, their inability to work will obviously have a profound impact on their household’s finances.
Thankfully, Texas law allows personal injury victims and relatives of wrongful death victims to make a claim for lost wages/loss of earning capacity as part of their overall claim for compensation.
Loss of Services
Assuming that the injury victim did not work and had not been enrolled in school with the intention of working in the foreseeable future, it may be possible to make a claim for loss of services in place of loss of earnings. Consider the example of the traditional housewife. Although she has no formal paid employment, she still contributes to the household through cooking, cleaning, taking care of children, and a myriad of other chores. If she suffers injuries which render her no longer able to fulfill these duties, then her family will be forced to pay someone else to do them in her place.
Whereas a loss of earnings claim takes into consideration the amount of money no longer being earned, a loss of services claim instead is focused on the additional cost now faced by the victim’s family to hire help to fulfill the duties which would have once been hers.
Contact the Dallas car accident attorneys at Guajardo & Marks today for a free consultation on your personal injury claim to find out what other compensation you may be entitled to. Call Dallas 972-774-9800.