Can You Recover Lost Wages After a Miami Car Accident?
A car accident can result in more than just physical injuries. It can also lead to significant financial hardship. If you have been injured in a Miami car accident, one of your main concerns may be whether you can recover compensation for lost wages if your injuries have caused you to miss work or you cannot work and earn money going forward. It can be challenging to keep up with daily expenses, medical bills, rent, or mortgage payments without an income. Luckily, the law allows car accident victims to recover compensation for lost wages in Florida. Depending on the circumstances, you may even be entitled to compensation for loss of earning capacity.
Understanding How Florida’s No-Fault System Handles Lost Wages
Florida operates under a no-fault auto insurance system. This means that after you are involved in a Miami car accident, your insurance company is responsible for compensating you. Your insurer typically covers your medical expenses and lost wages, regardless of fault, meaning you can still recover compensation even if you were at fault for the accident. Personal Injury Protection (PIP) provides this coverage and is mandatory for all Florida drivers.
However, PIP only covers a portion of your lost wages. Florida law requires that PIP benefits add up to $10,000 per person. This means that your lost wages will be covered up to the point that the combined benefits (medical expenses and lost wages) reach $10,000. Of this amount, PIP covers 60% of lost wages, subject to the total limit. This means that with PIP, you lose 40% of your income.
If you suffer serious injuries, such as brain injuries, spinal cord injuries, or broken bones, you can easily exceed PIP limits. In such a case, you may be entitled to pursue compensation beyond PIP through a personal injury claim.
When Can You Seek Full Lost Wages?
Your injury must meet the serious injury threshold to qualify to file a personal injury claim in Miami and recover full lost income. Under Florida Statutes Section 627.737, a serious injury consists of;
- A permanent or lasting injury
- Significant and irreversible loss of a crucial body function
- Noticeable and permanent scarring or disfigurement
- Loss of life (in cases involving wrongful death)
Additionally, your accident must have been caused by the negligence of another party.
A Miami personal injury claim can also allow you to seek compensation for loss of earning capacity if your injury prevents you from returning to work, working the same number of hours, or performing the same type of work you did before the accident.
Proving Lost Wages in a Miami Car Accident Claim
To recover lost wages after a Miami car accident, you must show that your injury directly prevented you from working. You can do this by presenting a letter from your employer detailing your job role, pay rate, and missed time, and recent pay stubs or tax documents. You will also need medical records confirming your injury. If you file a personal injury claim, you will need more evidence. An attorney can help you prepare a strong case.
Contact Us for Legal Help
If you’ve been in a car accident, contact our Miami car accident attorneys at The Pendas Law Firm for help recovering compensation.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Daytona Beach, West Palm Beach, Fort Myers, Fort Lauderdale, Bradenton, Jacksonville, Tampa, Naples, and Melbourne areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html