Can You Recover Lost Wages After a Car Accident in Ohio?

If you got into a car accident in Ohio and it resulted in you losing wages, you are able to recover them. However, certain stipulations have to be met to recover the lost wages. If this is something that you think you may qualify for, keep reading to learn more about lost wages in Ohio.

Where Lost Wages Arise

Lost wages can come from a few different sources in Ohio. Depending on the circumstances of the injury and your inability to work, here are a few sources from which lost wages may come:

• Personal Injury Law: Tort Law
• Employment Law: Statutory Law 
• Workers’ Compensation Law: Statutory Law 
• Breach of Contract 
• Wongful Death Claims

Tort Law is when civil wrongs are addressed that cause harm or injury to an individual or property. Statutory Laws are written laws that are created by a legislative body. Both of these types of law come into play when talking about lost wages. 

What is Considered Lost Wages Under Ohio Law 

Lost wages are considered any income or benefit you could not earn after the accident and the subsequent injuries you sustained during the accident. After being in an accident, you may have sustained injuries that leave you unable to work, which leads to significant hardships due to the loss of income. This is where lost wages come into play. One thing to note when it comes to lost wages is that the accident was not your fault. If the claimant is 50% or less at fault, they can still recover, but their damages, including lost wages, will be reduced proportionally. If they are 51% or more at fault, they recover nothing. Lost Wages can include the following:

• Income/Benefits
• Base Salary
• Overtime Bonuses
• Commissions
• Vacation and Sick Leave
• Loss of earning capacity
• Promotion Opportunities  

The party who is responsible for the accident is typically liable for paying the lost wages. In most cases, that means the insurance company will be paying. 

How to Calculate Lost Wages 

When calculating how much is received with the lost wages, it’s pretty straightforward. Take the plaintiff’s annual pre-incident earnings and multiply them by the period during which they couldn’t work. However, lost wages become more complicated if the plaintiff is self-employed. Situations where it’s resulting in extended periods and indefinite loss of earnings are much more complex. It’s best to get a lawyer to help you figure out how much you will be earning when you collect your lost wages.

There are certain factors that are considered when determining lost wages as well. The factors may have caused the client’s income to have suffered. When determining these factors, they must provide documentation proving that it resulted in a loss of income as evidence. These documents may include tax returns, payroll records, medical records, doctors’ notes, and more. 

How to Claim Lost Wages From a Car Accident 

To recover lost wages after a car accident, you must prove the income that you have lost. To do that, you have to do the following:

• You need documentation from your employer. 
• You need your medical records.
• You need an expert testimony.

When making these claims, it’s best to note that there are statutes of limitations where each claim has a specific time limit. In Ohio, the time limit solely depends on the claim. For unpaid wages and personal injury claims, the statute of limitations is two years from the date the accident occurred. A claimant also has a legal duty to mitigate their damages, which means they should try to make efforts to reduce their losses. That way, they won’t be reducing their amount of lost wages. In Ohio, lost wages are something that can happen to anybody, so it’s best to be prepared with the correct information. 

Are You Trying to Recover Lost Wages in Ohio?

When dealing with recovering lost wages in Ohio, it can be quite difficult. There are a lot of specifics that go into it. It’s best to consult a lawyer about ot so you know you are getting paid. Contact Kitrick, Lewis & Harris CO. LPA. They’ll be able to help you recover your lost wages if you are based in Ohio.