Legal Question in Personal Injury in Missouri
Loss of wages
Hi, I was in car accident, as a result i am on 3 days a week schedule going to therapy treatment of my back, neck and headaches, wich resulted about 700 a month worth of time i have to spend going to doctor every month. would it be considered as a loss of wages, or not.
3 Answers from Attorneys
Re: Loss of wages
If the accident was the fault of another driver, known or unknown, then you should have a viable source of recovery from the at-fault driver's liability insurance policy. You can recover for your medical damages as well as for loss of income and pain and suffering. It would be a good idea to consult with an attorney to help you with the investigation. Typically, an attorney will work on a pure contingency fee basis meaning that there will be no fee unless compensation is gained for you. Don't hesitate to call if you would like to have a free initial consulation. Thank you.
Re: Loss of wages
Yes, the money that you are not earning while getting medical treatment for your injuries does qualify as lost wages that the person who caused the car wreck (or their insurance company) would have to pay you. I do want to make sure that your aware that you�re under an obligation to minimize the amount of your losses, and that if you could avoid a loss they don't have to pay you for that loss. In other words, if your employer was willing to let you rearrange your schedule so that you were not actually missing work while going to your appointments, they might have a defense to that part of your claim.
You didn't really described your situation fully, but if you're talking about a workers compensation claim, the rules are different when your making a claim against your employer for a work injury that you suffered, whether it's a car accident or other type of injury. In that situation, the workers� compensation laws specifically say that they don't have to pay for time you miss work while you're getting medical treatment. The way to fix that problem is to make the claim against the other driver (or any available uninsured motorist coverage), and those damages are recoverable in that claim, as described above.
If you wish to discuss this, you can call my office and I'll talk to you about it. I'm not allowed to put my phone number in here, but you can get it from my web site.
Rob Curran
Curran Law Firm
4608-B South Campbell Avenue
Springfield, MO 65810
www.CurranLawFirm.com
Re: Loss of wages
When you are injured due to the fault of another, you are entitled to recover all losses that you can prove. This means out of pocket expenses like medical bills (even if your health insurance pays them) lost wages (even if you have vacation or disability insurance) and so forth. The problem becomes proving your losses! If you have a work history that shows your pre and post accident income, that is one method. You still have to prove that the lost wages are a RESULT of the accident, and not some other cause.
A qualified trial attorney can help you maximize your recovery, and help negotiate with your health insurer to minimize the amount you repay them if you have to do so. Studies show that victims with attorneys get 3-4 times more money in their pockets than those without an attorney. There is not enough money to undo the inconvenience and pain you have experienced, so you owe it to yourself and your family to do the best that you can in resolving your case.