Proving Lost Wages And Future Earning Potential In Trucking Cases
After a trucking accident, you may have suffered debilitating injuries that prevent you from returning to work (and affect your future earnings). Louisiana law allows victims to pursue compensation for these damages. At Louisiana Law Lady, our attorney works with Louisiana truck accident victims to obtain fair compensation for lost wages and reduced earning potential. To learn more, schedule your free consultation with Lauren at (504) 470-3511 today.
What Is Covered Under Lost Wages in Louisiana Trucking Cases?
Lost wages refer to the income that a person misses out on as a direct result of being unable to work due to an injury (or injuries) caused by another individual’s negligence. In the context of Louisiana trucking accidents, lost wages are monetary losses that a victim sustains when they cannot work while recovering from injuries.
The value of a person’s lost wages in a trucking case will depend on factors such as:
- Hourly pay or salary
- Potential overtime
- Bonuses and commissions
- Health benefits
- Vacation time and sick days
- Tips
Lost wages cover far more than the number on your paycheck. Your attorney will account for all the factors that contribute to your lost wages when determining how much compensation to demand from the other party’s insurance provider.
Is There a Formula for Calculating Lost Wages?
If you are paid by the hour, you can take your hourly wage and multiply it by the number of work hours missed. For instance, if you work 8 hours a day earning $25 per hour, and you miss 30 days of work, you may be entitled to $6,000 in lost wages. If you are paid an annual salary, take your salary and divide it by the number of workday hours in a year (typically 2,080), then multiply this number by the number of missed hours. In this case, if you earn $60,000 a year, and miss 30 days of work, you may be entitled to nearly $7,000 in lost wages.
Understanding Future Earning Potential in Trucking Cases
When a trucking accident results in a disability or severe impairment, you may be prevented from working in the future. Even if you are able to return to work, it is possible that your impairment prevents you from earning the same amount that you did before the crash. In these situations, victims may be entitled to compensation for loss of future earning potential.
Calculating future earning potential is not quite as straightforward as the examples of lost wages mentioned above. Instead, the trajectory of your career will be evaluated, as well as your work history, credentials, and the opportunities for advancement in your industry. Hiring an expert to perform a vocational rehabilitation evaluation can help to determine these future numbers.
The subjective nature of future earning potential damages means that these damages are not easily quantified in exact dollar figures. At LA Law Lady, we work alongside our clients to determine calculations and secure expert testimony as necessary to help our clients fully recover from their injuries.
Building Your Trucking Accident Case: Strategies to Obtain the Compensation You Deserve
According to the Louisiana Code of Evidence, Article 1105, the burden of proof is on the plaintiff in trucking accident cases. This means that the person bringing the claim must prove that they sustained damages and that compensation is needed to fully recover from these damages. Proving lost wages and future earning potential is often an uphill battle in trucking cases, as insurance providers may try to avoid paying these damages.
At LA Law Lady, our attorney uses a range of strategies to help her clients obtain the compensation they deserve, including:
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- Thoroughly investigating the accident. Collecting as much evidence as possible is critical, and we work diligently to obtain information regarding the scene of the crash, road conditions, other vehicles involved, and camera footage.
- Securing eyewitness accounts. If anyone saw the accident occur, their account can be invaluable to proving liability.
- Identifying all involved parties to maximize compensation. The truck driver is not the only liable party in many trucking accidents. Holding the trucking company, shipper, broker, maintenance providers, and/or cargo loaders responsible for their role can also help ensure that you receive full compensation for your lost wages and future earning potential.
- Documenting lost income. Compiling medical bills and other relevant documentation regarding your injuries and treatment is important. This evidence can be used to prove that the severity of your injuries prevented you from working after the crash.
Speak With an Experienced Louisiana Trucking Accident Attorney at LA Law Lady
At Louisiana Law Lady, our attorney diligently pursues fair compensation for victims of trucking accidents across Louisiana. If you were injured in an accident, you may be entitled to compensation to cover your lost wages and diminished future earning potential. Book your free case review today at (504) 470-3511 to speak with an attorney who will fight for your rights and advocate for your recovery during the process.