Car accident victims can suffer a range of excruciating and debilitating injuries. These injuries often prevent victims from returning to work during their lengthy recoveries. Furthermore, in serious cases, car accident injuries will lead to a permanently diminished earning capacity in the future.
Thankfully, after a car accident in Wisconsin, you may be able to recover payment for lost wages by bringing a claim against the at-fault driver. For your claim to succeed, you must be able to prove that your crash occurred because of another person’s negligence. Also, you will have to show that you sustained injuries as a result of the crash and that these injuries caused you to incur lost income. Assistance from our legal team can be very helpful when gathering evidence and building your case.
Seek support and guidance from our Wisconsin car accident lawyers by calling Wruck Paupore today at (219) 322-1166.
If you sustained lost wages due to your car accident injuries, you may recover payment by filing a case against the driver who caused your collision. Multiple key elements must be satisfied in order for your claim to succeed.
As mentioned, you must first demonstrate that your accident happened because of another party’s negligence. Several forms of negligent conduct can lead to collisions. For example, your accident may have happened because another driver was disobeying traffic signals, speeding, or driving distracted. Fortunately, our Milwaukee, WI car accident attorneys can help investigate your crash and identify its cause.
Further, you must prove that you suffered injuries as a result of your crash and that these injuries caused you to incur lost wages. Several forms of evidence may be used to establish these elements. Again, support from our legal professionals can be highly valuable when gathering the required evidence in your case.
When seeking payment for lost wages in a car accident case, several forms of evidence may be used to establish fault for your crash. For instance, our legal team may utilize any of the following in your case:
Eyewitness testimony is valuable evidence that can help establish fault for a car accident. Witnesses who were present at the scene can provide firsthand accounts of the events leading up to the crash. For instance, a witness might testify that they saw the other driver run a red light, leading to the collision.
Video footage from security cameras or dashboard cameras can serve as compelling evidence in establishing fault for a car crash. If a business establishment had surveillance cameras at an intersection, the video recording may capture the accident as it occurred.
Photographs taken at the accident scene can provide a clear picture of the situation. These photos may capture skid marks, vehicle damage, or road conditions. For instance, a photograph showing tire tracks leading to a collision point can be used to illustrate the other driver's reckless behavior, helping to establish fault.
Medical records can be essential in demonstrating the extent of injuries sustained in the accident. When injuries are consistent with a certain type of collision, it can be inferred that the other driver's actions caused those injuries. For example, if your medical records show whiplash injuries, it can be used to argue that the rear-end collision you were involved in was caused by the negligence of the driver who rear-ended your car.
Accident reconstruction experts use scientific methods to analyze the details of the accident. They can recreate the collision and provide expert testimony to demonstrate how it occurred and who was at fault. If an accident reconstruction specialist concludes that the other driver's actions were the primary cause of the accident, this expert testimony can be valuable evidence in proving fault.
Cell phone records can be used to establish fault in cases involving distracted driving. By analyzing the timestamps of calls or text messages, it may be possible to demonstrate that the other driver was using their phone at the time of the accident, indicating negligence.
In order to recover lost wages in a car accident case, you will have to present medical documentation that proves you were injured as a result of your crash. Further, you must present evidence that proves you missed out on wages as a result of your injuries. The following are all examples of evidence that may be used to establish lost wages in your case:
Your employment records are a crucial source of evidence used to establish lost wages. These records include your pay stubs, timesheets, and employment contracts that document your income and work hours. For example, suppose you can provide pay stubs demonstrating your regular income before the accident and a significant reduction in income after the accident. In that case, it clearly indicates the wages you lost because of your injuries.
Testimony from your employer or supervisor can be valuable evidence to demonstrate your lost wages. Your employer may provide statements or testify in court about your work history, the impact of the accident on your ability to work, and any accommodations or time off granted as a result of your injuries.
Your income tax returns can be used to show a decline in earnings post-accident. By comparing tax returns from before and after the accident, it's possible to illustrate the financial impact of your injuries on your income. This can be compelling evidence that the accident resulted in lost wages.
If you had to use sick leave or file disability claims because of your car accident injuries, these records can serve as evidence of your lost wages. Such documentation can demonstrate that you had to take time off or could not work because of your injuries, leading to income loss.
Economic experts may sometimes be called upon to testify about your lost wages. These experts can analyze your employment history, earning capacity, and the accident's impact on your ability to work. Their testimony can help establish the amount of lost wages and present it as a compelling argument in your car accident case.
Get help from our Wisconsin personal injury attorneys at Wruck Paupore by calling (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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