Types of Income Covered By Lost Wages Benefits

When a victim is wrongly hurt in an accident, it is common for them to miss weeks and months of work while recovering from their injuries. Sometimes, victims cannot go back to work at all if the injury is permanent and severe. While out of work, injured victims lose out on their regular earnings. These missed earnings are referred to as lost wages in a personal injury claim. Lost wages are one of the more common types of personal injury damages available for injured victims to recover.

Continue reading to learn which types of income are generally covered by lost wages benefits, plus where to schedule a free personal injury case evaluation in Indianapolis, Indiana.

Indianapolis Indiana Injury Lawyers 317-881-2700
Indianapolis Indiana Injury Lawyers 317-881-2700

Personal Injury Coverage for Lost Wages

Lost wages refer to the missed earnings that are involuntarily forfeited by an employee who was injured in a negligent accident. After being injured in an accident that was not their fault, an injured victim is legally entitled to a financial recovery for their resulting damages and losses, including missed pay from missing work.

Most people assume that lost wages only cover missed paychecks, when in fact, they can cover a lot more. Lost wages can include all sorts of income and benefits, from salary and hourly pay to tips, bonuses, job perks, and more. The extent of compensation awarded for lost wages in a personal injury case depends on how long the injured victim is forced to miss work due to their injuries.

Once an injured victim reaches maximum medical improvement (MMI), they can usually go back to work to the best of their ability. In the case of an injured victim suffering temporary, partial, or permanent disabilities that prevent them from performing the same duties as before, there are benefits that are available under Indiana worker compensation laws and third-party laws for this type of loss as well.

Examples of Lost Wages That May Be Awarded in a Personal Injury Case:

Hourly Pay
Sick Leave
Vacation Days
Job Perks

Returning to Work at a Lower Pay

Sometimes an injured victim can return to work after an accident, but not in their full capacity. In such cases, an employee comes back to work, but in a different role and at a lower pay. This type of earning loss may also be covered by personal injury lost wage benefits. In other cases, an injured victim cannot return to work to the same capacity ever again. In personal injury cases, this circumstance is known as loss of earnings potential. Those who qualify may be awarded future lost wages.

Evidence of Wage Related Losses

In a personal injury case, the claimant and their legal team holds the burden of proving lost wages. Fortunately, this is not usually a challenge, especially for particularly skilled and experienced Indiana civil litigators. Common types of evidence used to prove lost wages in a personal injury case include recent pay stubs, W2’s, bank records, medical records, tax return statements, expert testimony, a letter from the doctor stating a patient cannot return to work, and even a simple wage verification letter from the employer.

Are you wondering how you can recover damages for missing work after being wrongfully injured in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled Indianapolis IN personal injury lawyer. We represent injured persons throughout the state.

Related Posts:

The Most Common Types of Damages Awarded in Personal Injury Lawsuits
Can I Recover Compensation for Lost Wages After My Personal Injury Accident?
Factors for Calculating a Personal Injury Settlement

Can I Sue a Spring Break Hotel After Being Injured on their Property?

Spring Break is here, and hundreds of thousands of people are planning, enjoying, or just coming home from their well-deserved vacations. When you think of going on Spring Break, you imagine a fun-filled trip chalked full of new experiences and happy memories. No one really plans on getting hurt, especially at their own hotel. As a spring break vacation hotel guest, you fully expect that your hotel will provide a safe and hazard-free environment during your stay. But accidents do happen on Spring Break; and if they happen as a result of hotel negligence, injured victims should be fully and fairly compensated for their damages and losses.

If you were recently injured on hotel property as a result of their negligence, you may be entitled to a settlement to cover your damages. Continue reading to learn the basics of hotel accident liability, and how to determine if you have a strong case.

Spring Break Hotel Injury Lawyers 317-881-2700
Spring Break Hotel Injury Lawyers 317-881-2700

Hotel Accidents and Premises Liability

Right now, hotel traffic and occupancy are high, especially in popular vacation spots like Florida and New Orleans. The majority of hotels and hotel chains in these tourist areas are properly managed and maintain strict internal safety codes for the security of their guests, visitors, and staff. Such hotels stay current on all building codes, regular inspections, and routine maintenance, ensuring that everyone in and around their premises are safe and protected against foreseeable hazards. But unfortunately, not all hotels uphold this duty of care, leaving many Spring Breakers wrongfully injured in a hotel accident this time of year. Even the most professional and esteemed hotels sometimes do not use reasonable care, making them liable for a person’s injuries in the case of an accident.

Common Types of Hotel Accidents

Hotels are built in a way that can pose a long list of possible hazards and accidents, from balconies and stairwells to fire systems, swimming pools, slip and falls, food poisoning, assault, theft, and even tea kettles and unsafe furniture. With so many amenities, activities, and structures around, the possible ways of getting hurt are virtually infinite.

Balconies and Stairwells – Dangerous and defective railing, lighting, and other structural integrity issues are common causes of hotel negligence that can lead to victims falling off of balconies or down stairwells.

Swimming Pools and Pool Decks – Drowning accidents at hotels happen and swimming pools can also pose several other types of dangers, such as head and neck injuries, spinal injuries, orthopedic injuries, and slip and fall injuries.

Slip and Falls – There are many slip and fall hazards that can cause serious injuries to hotel guests and visitors, such as wet floors, un-level walking surfaces, torn carpeting, poorly-lit staircases, damaged curbs and steps, and much more.

Defective or Broken Items – Furniture, small appliances, and other items in a hotel can also be the cause of a wrongful injury to a guest, such as a broken shower rail, defective tea kettle, faulty electrical wiring, irons, steamers, fire alarms, smoke detectors, and more.

Criminal Activity – Hotels are supposed to provide a safe environment for their occupants and staff. They should take the proper precautions to prevent common spring break hotel criminal activity like theft and assault.

Premises Liability Law

Hotels are legally required to use reasonable care to keep their occupants and staff protected from foreseeable hazards and unsafe environments on their premises, including indoors, outdoors, shuttles, and parking lots. If they fail to uphold this legal duty of care, they can be held responsible in a premises liability lawsuit. If a person, guest, employee, or otherwise, is injured on their property as a result of the hotel’s failure to reasonably maintain safe premises, victims can sue the hotel and recover compensation for their damages and losses. Common personal injury damages include hospital bills, medical expenses, lost wages and pain and suffering.

Were you seriously hurt in your hotel on spring break?

Contact the accident attorneys at Craven, Hoover, and Blazek P.C. for professional personal injury claim representation you can trust. We serve clients in Indianapolis and all throughout Indiana.  Call us at 888-881-2700 or 317-881-2700.  If the injury or death occurs outside Indiana, our law firm will work hand in hand with a well respected law firm in whatever state the injury or death occurs in to assure that our clients have the best representation in both states.

You Might Also Like:

Defining “Duty of Care” in a Personal Injury Lawsuit
What is Premise Liability?
Where to Get Legal Advice for Hotel Accident Injury Claims

Indianapolis Personal Injury Lawyers 317-881-2700
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Can I Recover Compensation for Lost Wages After My Personal Injury Accident?

A wrongfully injured personal injury victim experiences several losses after an accident, but a significant types of damages they suffer is the loss of paychecks from missing time at work. Often times, wrongfully injured victims face financial challenges since they are not bringing in the same, steady income they were before. For those who are primary care-takers of their families, this is an added burden. Fortunately, wrongfully-injured victims can prove their lost wages in a personal injury lawsuit, and thus, be awarded compensation for the paychecks they would have received, and possibly future lost wages as well.

Continue reading to learn how an experienced personal injury lawyer can prove your lost wages and recover the full and fair compensation you deserve after being injured in an accident that was not your fault.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Lost Wages Attorneys 317-881-2700

Claiming Payments for Lost Work Wages After an Accident

Missed payments and similar earnings are considered lost wages. They apply even if an injured victim goes back to work, but in a limited scope, and at a lower pay. Lost wages can include base pay, bonuses, commissions, tips, company perks, overtime, PTO, sick days, and even vacation days. Whether you have had to take full time off work after your personal injury accident, are only able to work part-time or temporarily, or you can never go back to work ever again, you should be a good candidate for receiving a settlement or verdict in your favor if the accident that caused your injuries was not your fault.

You must, however, be sure to hire an experienced Indiana personal injury law firm to represent your claim. Only they can navigate your case in the right direction, and in the best interest of your and your claim’s outcome. Essentially, they have the knowledge and skills to prove wage-related losses in an accident lawsuit, or well-before your claim even goes to trial.

Proving Lost Wages

In order to prove that you have in fact lost out on work paychecks as a result of your accident and subsequent injuries, your lawyer will substantiate a case filled with concrete irrefutable evidence and documentation. They will prove that your accident was caused by a negligent party, and that the accident was caused genuine, precise, and compensable losses. Lost income is one of these types of specific and calculable losses.

Additionally, your lawyer will provide other types of evidence to support this claim, including a detailed description of your job and work hours, past paycheck stubs, recent tax return documents and W-2’s, a letter from your boss confirming your lost wages, medical records, doctors’ letters, and even expert testimonies if necessary. As a personal injury victim, you might also recover compensation for future lost wages and similar earnings, including loss of retirement benefits and loss of pension.

How to Get Your Personal Injury Claim Started in Indianapolis, Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about your rights to being compensated for your lost wages after a serious personal injury accident in Indianapolis, Indiana. Our seasoned accident attorneys have extensive trial and litigation experience, and never collect attorney fees unless we obtain a settlement or verdict for you. Contact us today to schedule a free initial case evaluation, and explore your claim’s strength with a skilled injury lawyer. We serve clients in and around Indianapolis, and all throughout the state of Indiana. Act now before evidence is lost and time runs out on your claim!

Indianapolis Personal Injury Lawyers 317-881-2700
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When is a Personal Injury Claim Rejected?

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

When a person or family experiences a tragic accident or serious injury at the hands of another company, entity, individual, or group of individuals, they often times seek legal counsel in order to pursue a personal injury claim. Many law firms that focus on personal injury claims will represent a case for free, initially, and only collect attorney fees if they win the settlement or recover compensation for their clients’ damages. In order for a personal injury lawyer to take on a person’s case, they must have a valid claim
that legally entitles them to remuneration.

If a victim of a personal injury has a claim that is not strong enough to win a settlement, a law firm may pass on representing them; however, if the client insists on pursuing their claim, a lawyer may do so for upfront, non-refundable fees. So what makes a case weak? And why do lawyers pass on certain cases and personal injury claims? There are several reasons why a personal injury law firm will deny a case and refuse to represent someone that has been seriously injured. Continue reading to find out why.

Personal Injury Claims

In order for a victim of a personal injury to successfully win a settlement for their damages, they must prove that they were injured as a result of another person’s negligence or carelessness; and at no fault of their own. There are several laws and stipulations that regulate these boundaries of negligence and fault, and lawyers are extensively well-versed in each of them. If they review a case that seems to have flaws or holes within it, they may not see value in representing the client because the case is weak.

Pedestrian Accident Lawyers 317-881-2700

Pedestrian Accident Lawyers 317-881-2700

For example, if a person is injured in a motor vehicle accident because the opposing driver failed to stop at a red light, they may have a valid case. A lawyer will assess whether or not the injured driver obeyed all traffic signals and laws; and if they did, they were injured as a result of direct negligence and is entitled to compensation for their damages. In this situation, a personal injury attorney would most likely accept this case and represent this client on a contingency fee basis, only collecting lawyer fees if they win a settlement.

In an opposing example, if a person was involved in a motor vehicle accident and suffered injuries, and there were clues that the injuries were the result of their own negligence, then a lawyer will deny representing their claim. If a driver rear-ended a person, and that person hit their head on the dashboard, suffering head injuries, then the accident and injuries were caused by the opposing driver; but, if the victim was not wearing a seat belt at the time of the accident, then the accident was still the opposing driver’s fault, but the victim’s injuries were a result of neglecting to wear a safety belt. Although this person may still be entitled to recompense for their damages, it is a weak case that may not pull through in a court of law.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for reputable and experienced personal injury representation in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer free initial consultations for injured victims, and never collect lawyer fees unless they win your settlement and recover compensation for your damages. Call 317-881-2700 and speak with a knowledgeable and friendly legal representative today about your recent personal injury in Indianapolis, IN and its surrounding counties.