Experiencing a car accident can be a distressing event, leading to physical injuries and financial strain. One of the most significant financial impacts often faced by victims is the loss of income due to their inability to work. In Indiana, crash victims can seek compensation for lost wages after a car accident.
This article aims to provide a detailed understanding of the legal aspects involved in claiming lost wages after a car accident in Indianapolis.
Indiana’s Car Accident Compensation Laws
Indiana has specific laws that govern how compensation is awarded in the aftermath of a car accident. The state follows a ‘fault’ system, which means that the driver who is found to be at fault for the accident (and their insurance company) is responsible for covering all damages resulting from the accident.
These damages can include medical expenses, property damage, lost wages, and compensation for pain and suffering.
Statute of Limitations
The statute of limitations refers to the time limit within which a claim must be filed. In Indiana, this period is two years. This means that you have two years from the date of the accident to initiate a lawsuit for compensation.
Modified Comparative Negligence
Indiana follows a ‘modified comparative negligence’ rule. This rule allows you to recover damages as long as you were less at fault for the accident than the other party. However, your recovery will be reduced by your percentage of fault.
Claiming Lost Wages After a Car Accident
If you’ve been involved in a car accident and have lost wages as a result, there are several steps you can take to claim these losses:
- File a claim with your insurance company: Your own insurance company may be able to compensate you for your lost wages, particularly if you have personal injury protection coverage.
- File a claim with the at-fault driver’s insurance company: If the other driver was at fault, you could file a claim against their insurance company for your lost wages.
- File a personal injury lawsuit: If the other driver’s insurance coverage is insufficient, or if your case is serious, you may need to file a personal injury lawsuit against the other driver.
Documenting Lost Wages
To claim lost wages, you will need to demonstrate that your injuries prevented you from working and provide documentation of your rate of pay and the hours you missed. The process may vary depending on your employment status:
- For W-2 workers: You will need to provide pay stubs, your previous year’s tax return and/or W-2, and a letter from your employer verifying your time off work and your current pay rate.
- For self-employed workers or independent contractors: You may need to provide tax returns, profit/loss statements, receipts, prior invoices, and other documents that prove your lost earnings.
How an Indianapolis Car Accident Lawyer Can Help
Navigating the legal process of seeking lost wages after a car accident can be complex and time-consuming. Consulting with an experienced personal injury attorney can provide invaluable guidance and support throughout the process. An attorney can help:
- Assess the strength of your claim and determine the best course of action.
- Gather and organize the necessary documentation to support your claim.
- Communicate effectively with the insurance company or represent you in court proceedings.
- Negotiate for a fair settlement or advocate for your rights in court.
Recovering lost wages after a car accident in Indiana can be a complex process. It’s crucial to understand the state’s car accident compensation laws and the steps you need to take.
If you’re unsure about any aspect of this process, it’s advisable to contact an experienced attorney. Our Indianapolis car accident lawyers at Rowe & Hamilton can guide you through the legal complexities. Call us today at 317-482-7888 and let us help you get the compensation you deserve.
