Can You Sue for Unpaid Wages After a Car Accident in Alabama?

Yes, you can sue for unpaid wages after a car accident if your injuries prevent you from working. However, you need to keep exact records of your missing income to fully recover the amount in a lawsuit. A car accident lawyer in Alabama from Wettermark Keith can calculate your losses so that you can be sure you are recovering the full amount of your lost income. 

Reach out now for a free consultation. It’s More to Us, It’s Personal.

What Counts as Unpaid Wages After a Car Accident in Alabama?

Unpaid or lost income refers to any employment compensation or benefits you missed out on because your injuries prevented you from working. This can include the following:

• Hourly pay and salary. The normal income you would have received had you not missed work. 
• Lost overtime. Any overtime you missed and would have reasonably been expected to work. 
• Bonuses and commissions. Additional incentive-based pay you reasonably expected you would have earned.
• Sick pay and PTO. Any sick days or paid time off you have to use due to your injuries and accruals you missed due to being absent from work. 
• Self-employment or business income. Earnings you would have earned as a business owner or self-employed person. 
• Raises or promotions. Any pay raise or promotion to a higher-earning position you were expected to receive. 
• Employer contributions. Employer contributions you would have received, such as health insurance or 401(k) contributions. 

Many of our clients often underestimate the magnitude of their lost earnings as they forget about things like incentive-based pay, accruals, and lost future employment opportunities. An Alabama car accident lawyer from Wettermark Keith can perform a full accounting to ensure you are not understating your losses. 

Evidence to Prove Lost Income

You can’t just say that you lost income from missing work when filing an insurance claim. You need definitive proof of your loss of earnings; otherwise, the insurance company is likely to dispute your claims. 

Below are some of the most important pieces of evidence to establish your loss of work income:

• Past pay stubs
• Records of direct deposits
• W-2s and tax returns
• 1099s for self-employment income
• Records of commissions and bonuses
• Copies of work schedules
• Confirmation of used sick time or PTO
• Statements from employers regarding your earnings
• Communications confirming impending raises or promotions

A lawyer from Wettermark Keith can help you gather these and additional documents to calculate your total lost earnings in case you need to sue for unpaid wages after your Alabama car accident.

Can I Sue for Reductions in My Earning Potential?

In personal injury cases, lost income refers to income you missed out on between the accident and your recovery and return to work. This income is backward-looking in that you would have earned it if you weren’t injured. 

However, you may also be able to recover compensation for future loss of earning potential. If your injuries require you to switch careers or permanently limit your ability to work, you can recover money for that difference in your expected lifetime earnings. 

For example, a construction worker who becomes permanently disabled may have to switch to a lower-paying career. In this case, they can sue to recover the difference between their pre- and post-injury expected lifetime earnings. 

Proving Loss of Earning Capacity

Lost work income is backward-facing, so it’s relatively easy to calculate using existing financial records. It is much more complex to calculate a future loss of earning potential. The typical strategy is to calculate your projected earnings post-injury compared to the average expected income of a non-injured person in your previous line of work. 

These cases may often require financial and vocational experts to testify concerning your employment ability and work capacity. Our team at Wettermark Keith is experienced in working with these experts to fully account for the degree of your future losses. 

Mistakes to Avoid if You Have to Sue for Unpaid Wages After Your Alabama Car Accident

When you are unaware of how the civil legal system works, it’s easy to make mistakes that can jeopardize your case. Our lawyers at Wettermark Keith can help you avoid the following missteps when suing for lost work income and future earnings:

• No documentation of payments. The most common mistake is not providing sufficient documentation of your income and employment earnings. 
• No medical documentation. You also need documentation specifically connecting your injuries to you being absent from work. 
• Inconsistent medical care. Gaps in medical care and treatment can be used as evidence against your claimed injury severity. 
• Making statements or social media posts. Making statements or social media posts that conflict with your injury claim can harm your case. 

Contact a Car Accident Lawyer from Wettermark Keith

Suing for unpaid wages after a car accident in Alabama may be possible, but eligibility depends on the specific details of each situation. To find out whether you may be able to pursue this avenue, contact the team at Wettermark Keith to schedule an appointment. 

Consultations are free, and we don’t take a fee unless we win, so there is no risk on your part. You have limited time to file, so don’t hesitate to reach out today.