You may have to take some time away from work immediately after getting injured in a personal injury accident. But you may not heal as quickly as you anticipated, and more and more time may pass by without being able to collect wages. While you may eventually get accepted for Social Security Disability Insurance (SSDI) benefits, these monthly payments may not even get close to what you used to earn at your job. This may drive you toward filing a personal injury claim against the negligent party who caused your injury. If you are leaning towards this move, please read on to discover how to prove you got injured and can’t work anymore, and how one of the seasoned Panama City personal injury attorneys at Manuel & Thompson, PA, can help you recover the wages you have or anticipate missing out on.
How do I prove I got injured and can’t return to work?
Proving that your injury prevents you from returning to work requires abundant medical evidence. This starts with records of the emergency healthcare you received shortly following your personal injury accident. Then, you should gather the results of your follow-up medical tests, such as X-rays and MRI scans. Arguably, most importantly, you must have a doctor’s note that officializes your injury diagnosis and outlines the recommended medical treatment plan to, hopefully, achieve a full recovery.
On top of this tangible evidence, it may be of great help if your treating physician, or otherwise a medical expert, can testify on your behalf in your claim proceedings. Here, they may better explain to the court the seriousness of your injury, and how its side effects limit your ability to perform your job functions well or at all. Your employer may back this up by also testifying and explaining your expected roles and responsibilities at work.
How do I calculate my lost wages for my injury claim?
Once you establish that returning to work is infeasible given your current health condition, you must cite the economic damages associated with this consequence. That is, lost wages are one of the most common damages plaintiffs seek financial compensation for in their personal injury claims. You must accurately calculate your lost wages, as this may be your only opportunity to file a claim and subsequently receive recovery for them.
If you are paid hourly, multiply your hourly rate by the total number of missed hours. As a salaried employee, take your annual salary and divide it by the total number of workdays in a year; then, multiply it by the total number of missed days. And if you are self-employed, multiply your average weekly or monthly income by the number of weeks or months you could not work. Since you should also consider your potential overtime and bonuses, you should have your attorney help you do these calculations.
Before you find yourself in an even worse position, you must retain legal representation from Manuel & Thompson, PA. One of the competent Panama City personal injury attorneys from our law firm will guide you on what to do.
