On top of recovering from an injury, many experience a loss of wages due to a car accident.
Unfortunately, this puts significant financial strain on both victims and their families.
However, Colorado allows victims to sue the responsible party for lost wages along with other economic losses.
How to Claim Lost Wages from a Car Accident in Colorado
Since Colorado is an at-fault state, most victims file a claim with the defendant’s insurance company. This includes claims for both bodily injury and property damage.
However, if the defendant doesn’t have insurance, you may also file a claim under your own insurance policy if you carry uninsured/underinsured motorist coverage, or file a lawsuit against the other driver.
In any case, lost wages fall under the category of economic damages. Essentially, these are any financial losses associated with the accident.
This typically includes things like:
- Medical treatment expenses,
- Vehicle or property repair,
- Lost wages, and
- Reduced earning capacity.
In Colorado, missing work due to a car accident injury is considered a financial loss. Therefore, it’s possible to pursue compensation for those missing paychecks.
In addition, if your injury causes permanent disability that requires a job transfer, you may seek additional reimbursement for the difference in earnings.
Showing Evidence of Loss of Wages Due to a Car Accident
Typically, if a claimant misses work after a car accident while they recover, their employer provides a summary of their missed wages.
However, they may need the assistance of an attorney when making the request.
Even if the employer refuses to give a written letter outlining the lost wages, an attorney may estimate them based on previous pay stubs.
Can I Recover Lost Wages from a Car Accident If I’m Partially At Fault?
Even if you share some fault in the accident, you may be able to recover some damages. This is because Colorado follows a contributory negligence law, which allows claimants some recovery.
However, their share of fault must be less than 50%. The only catch is that the court reduces the total damages by the claimant’s percentage of fault.
For example, if you have $100,000 in damages and the court finds you 20% at fault, you may recover a maximum of $80,000.
Unfortunately, if a claimant’s fault exceeds 50%, Colorado bars them from any compensation.
How Long Do I Have to File for Lost Wages?
Every state, including Colorado, has a time limit for filing personal injury lawsuits known as the statute of limitations.
Currently, auto accident claimants in Colorado have three years from the date of injury to file a lawsuit against the responsible party.
If you try filing after this time limit expires, the court may dismiss your case.
Lost Wages Due to a Car Accident? We’re Here to Help
Recovering from a car accident can be extremely difficult and overwhelming. Some accidents leave victims with lifelong complications that reduce their quality of life and cause tremendous pain.
At the Tenge Law Firm, we know how devastating these injuries are for our clients. That’s why we always advocate for our clients for their physical, emotional, and financial well-being.