HOW TO PROVE LOST WAGES IN A UTAH CAR ACCIDENT

Proving Lost Wages After a Utah Car Collision

If you’ve been injured in a Utah car collision, you may face challenges in proving lost wages, especially if you’re unable to work due to your injuries. Hiring an experienced attorney like Jacob S. Gunter can help you navigate the complexities of lost wage claims and secure the compensation you deserve. Here’s everything you need to know about proving lost wages in a personal injury case.

Recovering Lost Wages After a Work Injury

What Are PIP Benefits for Lost Wages?

Utah’s Personal Injury Protection (PIP) benefits can help pay for lost wages if you’re unable to work after an accident. However, PIP benefits are capped and calculated as follows:

  • Maximum Benefit: $250 per week or 85% of your gross income, whichever is lower.
  • Duration: Up to 52 consecutive weeks.
  • Waiting Period: No payment is made for the first three days of disability unless it lasts for more than two weeks.

Example:
If you were earning $1,000 per week, PIP would pay 85% of your wages ($850), but the cap reduces it to $250 per week.


Recovering Additional Lost Wages from the At-Fault Party

While PIP benefits provide initial support, they don’t cover all your lost income. You can claim the remaining lost wages from the at-fault driver’s insurance. Unlike PIP, there’s no cap on the amount you can claim from the at-fault party.

Example:
You earn $10,000 per month but cannot work for six months due to hospitalization.

  • PIP Benefit: $250/week = $6,500 (26 weeks).
  • At-Fault Claim: $10,000/month × 6 months = $60,000.

Proving Lost Wages: Hourly, Salaried, and Commissioned Workers

For Hourly Workers

  • Keep a time ledger of hours missed due to the accident.
  • Provide documentation of your hourly wage, such as pay stubs or employer verification.

Example:
If you earn $20/hour and miss 40 hours, your lost wages amount to $800.

For Salaried Workers

  • Break your monthly salary into an hourly rate by dividing it by the average number of work hours per month (e.g., 160 hours).
  • Multiply the hourly rate by the hours missed.

Example:
A $6,000/month salary divided by 160 hours = $37.50/hour. Missing 10 hours per week for a month = $1,500 in lost wages.

For Commissioned Workers

  • Use historical averages from pay stubs, W-2s, or tax returns to calculate your lost income.
  • Document trends in your earnings to present a clear picture of income loss.

Example:
If your average monthly commission was $8,000 over the past year, this figure serves as the basis for your lost wages claim.


Proving Back Pay for Medical Appointments

You can also claim lost wages for time spent attending medical appointments.

  • Document missed hours: Keep a ledger of time spent at appointments.
  • Mileage reimbursement: Note travel distances for additional compensation.
  • Employer Verification: Obtain a letter from your employer confirming your missed hours.

Proving Future Impaired Earning Capacity

Severe injuries may result in a reduced ability to work or force a career change, which impacts your lifetime earnings.

Example:
A surgeon earning $500,000 annually suffers a hand injury and switches to dermatology, earning $150,000 annually. A skilled attorney will calculate the difference in income over their working lifetime to claim future lost earning capacity.


Key Steps for Proving Lost Wages

  1. Gather Documentation: Pay stubs, W-2s, tax returns, and employer verification letters are essential for proving income loss.
  2. Doctor’s Note: A detailed note linking your injury to your inability to work strengthens your claim.
  3. Time Logs: Maintain a ledger of missed hours and medical appointments.
  4. Hire an Attorney: An experienced attorney can help you calculate and present a compelling lost wage claim.

Contact Utah Car Accident Attorney Jake Gunter

Proving lost wages after a car accident can be complex, but you don’t have to do it alone. With decades of experience, attorney Jacob S. Gunter can help you navigate PIP claims, pursue compensation from at-fault parties, and secure back pay or future earning capacity damages.

  • Call or Text: (801) 373-6345
  • Get a Free Consultation: Protect your financial stability and rights after an accident.


Learn More About Utah Accident Lawyer Jake Gunter Jacob S. Gunter | Personal Injury Attorney in Provo

For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.