Other than your medical bills your lost time and earnings (most often described as “Lost Wages”) are the days and hours you were unable to function driving your truck thus adding up to the money you may have lost. This constitutes one of the most important elements’ of your damages, namely your Lost Wages.
Generally, you shouldn’t view your time away from work and/or operating your truck, because of an injury, strictly as “Lost Time and Earnings” but rather as “Lost Earning Capacity“. In many instances you can claim your “Lost Time And Earnings“, even if you’ve had no actual loss of money! For example, when your salary is paid because you’ve taken “Sick Leave“, or because of an Accident and Health Policy that’s available to you, or some other similar arrangement.
DOCUMENTATION OF LOST INCOME: If you’re regularly employed driving a truck for someone else, ask your supervisor, boss (or the person in charge of such matters) to write a letter for you, on company stationary. This letter should include: Your name, position, rate of pay, number of hours you normally work and the number of days, or weeks, you missed because of the accident.
Be ready to discuss with the insurance adjuster one or more of the six following potentials: #1. If your work demands heavy labor or lifting. #2. If you lost any vacation time or sick leave. #3. If there was any loss of future earning capacity. #4. If you were absent from one or more important meetings. #5. If you were unable to make appointments with potential customers. #6. If you had an opportunity for an interview that may have led to a better job.
SHOULD YOU BE SELF-EMPLOYED OR OWN A BUSINESS: Be sure to collect for the cost of any additional help you were forced to hire while undergoing medical treatment or recuperating. Be ready to discuss: Again, if your work demands heavy labor or lifting, how many hours you normally work each day and week, your average income per week, if your business lost money while you were laid up, and have proof as to how much!
To substantiate your claim you should consider presenting to the adjuster whatever documents will prove a loss in billing or services. Two simple examples would be: #1. A diary or calendar showing appointment’s you had to cancel. #2. Letters (or documents) which clearly reflect the reality of important business meetings you had no choice but not to attend.
OVERTIME: Overtime is absolutely legitimate losses you can claim. Be sure to obtain a letter from your employer, on his letterhead, spelling out the approximate amount of money you lost in overtime. This can be accomplished by reviewing last years figures, during the same period, (then averaging them out - - for that identical space in time) you were unable to work.
BELOW YOU’LL FIND A VERITABLE HOST OF LOST WAGE “FACTS”
To help your lost wage situation you should ask yourself two basic questions: (1) Did the injury you were the victim of necessitate a change of job or employment? (2) Did the injury allow you to get back to work but only on a part time basis? If the answer to one or both of these two questions is “Yes”, ask your employer to document these facts on their letterhead. The proof of either will absolutely give your claim more value.
You should collect for the full Gross wage’s you lost, not just the Net. For every week of “Total Disability”(a fact your attending physician must clearly state in the discharge Medical Report) your doctor declares, you should use your total weekly income, even though you were paid . For every week of “Partial Disability” your doctor states in that Medical Report, you can claim up to 50% of your daily and/or weekly income, even if you didn’t lose any !
If you had to take what your company identifies as “Sick Leave” or “Vacation Pay” (during the period you missed from work) that must be taken into consideration when determining the value of your claim because of the accident! Keep in mind you would have been entitled to use that sick leave, or vacation time, for other periods when you may have needed or wanted it. If you’re forced to take your “Sick Leave“, or your “Vacation Pay“ (because of an accident) it’s to be considered the same as losing the money itself!
You’re also entitled to be compensated for work opportunities you may not have been able to take advantage of because of your injuries. Even if you can’t point to specific dollar amounts you may have lost, the fact is the adjuster knows the potential, in the area of “Lost Opportunities” (situations you were unable to take advantage of) are legitimate issues and (if somewhere down the line they were presented to a sympathetic judge or jury) they would indeed - - increase the dollar value of your claim.
DISCLAIMER: The only purpose of this article, CRUCIAL INSIGHTS INTO LOST TIME AND EARNINGS is to help truck owners and/or drivers understand the motor vehicle claim process. Neither Dan Baldyga, Scott Eglin, TRUCKINFO.NET nor SHOP TALK make any guarantee or any kind whatsoever, NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUALS RESPONSIBILITY to obtain such services.
Dan Baldyga’s third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found at http://www.autoaccidentclaims.com or http://www.caraccidentclaims.com. This book explains, to all truck owners/drivers “How To” successfully handle your motor vehicle damage and/or personal injury claim so you won’t be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA will advise how to determine the value of the “Pain and Suffering” you endured - - because of your motor vehicle accident injury.
Copyright 2004 by Daniel G. Baldyga. All Rights Reserved
