Bus Accidents: How Do I Collect Lost Wages?Last updated on: August 20, 2015
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In most bus accident cases involving another vehicle, at least one individual – the driver of the other passenger car – is likely to sustain serious injuries. Passengers riding on a bus that overturns may also suffer major injuries to their heads, necks, and spines. These injuries can require lengthy hospital stays and almost always require weeks (or even months) of at-home recuperation and/or working in a reduced capacity. This can be especially devastating for families who depend on the bus accident victim’s work income to pay their bills, buy groceries, and meet other household expenses.
You Can Collect Lost Wages Through a Bus Accident Lawsuit
The good news for these families is that they are able to be compensated for the wages and earnings the victim lost due to periods of hospitalization and any time he or she spent recovering at home under doctor’s orders. If the victim was able to return to work but could not do his or her previous job because of a temporary or permanent disability or activity restrictions, the difference between the victim’s previous earnings and any reduced earnings he or she now makes can also be compensated.
The Burden of Proof is on You, the Plaintiff
Recovering compensation for your lost wages requires you, the injury victim and plaintiff, to present evidence that shows: (1) you lost wages because of the injuries you sustained in the bus accident; and (2) an accurate accounting of the lost wages you suffered. The first proposition is sometimes referred to as causation and requires proof that the negligence of another person (the “defendant” in the bus accident case) caused you to lose wages. This typically requires medical testimony and evidence establishing your health and any injuries you had before the bus crash and your health, medical treatment, and your limitations after the accident and how each of these factors made it so you could not work.
The second proposition requires evidence substantiating the amount of lost wages you are claiming. While you can testify as to your pay rate and the number of days you missed from work, other testimony and evidence can be presented to support your testimony. Testimony from your boss or human resources department, or paystubs and/or tax returns, can all provide objective proof that supports how much time you missed from work and what amount of money this translates into.
Does Your Bus Crash Lawsuit Settlement Include Lost Wages?
After a bus accident you may be most concerned with your medical bills and expenses so much so that you neglect to consider your lost wages. A settlement agreement may or may not include compensation for lost wages, depending on whether the parties agree to include such compensation in the agreement. It is always a good idea for you, the injured plaintiff, to offer a settlement figure that is detailed and clearly includes an amount designated for lost wages. Likewise, if the defendant offers you a settlement, be sure to ask what amount the defendant has included as compensation for your lost wages.
Consult with our experienced and knowledgeable bus accident attorneys at Zinda Law Group following a bus accident. We can help you gather important evidence necessary to establish the amount of wages you lost as well as to show that the carelessness or negligence of the defendant was to blame for your absence from work and lost wages. We can also craft and communicate settlement offers on your behalf and evaluate settlement offers you receive from insurance companies and/or negligent defendants. Contact our offices for help and to schedule your free initial consultation by calling (800) 863-5312.