Your car was hit by another vehicle, resulting in a broken arm and severe neck pain. You’ll be out of work for a long time because of medical treatment. Your employer informs you that they are terminating your employment because they are unable to fill the position you previously held. Since you’ve lost your job, you’re now broke and without a way to earn money. What are your options? You lost your job because of the other driver. Can you sue them? Find out what damages you are entitled to after losing your job by reading on.
Types of Loss of Income Damages
If the accident was caused by another driver, you may be able to recover damages for any lost wages or income as a result of your injuries. If you were fired from your job because of your medical condition, you can sue the other driver for two types of damages: punitive damages and compensatory damages.
Damages ranging from special to general
As a first step, you may be entitled to compensation for lost income, wages and benefits as well as lost business opportunities. For the most part, the amount of money you would have made if the accident hadn’t happened will be yours. From the time of the accident until your medical condition stabilizes, you are entitled to compensation for your lost wages.
Another option is a large group of losses that can’t be quantified in money. For the most part, general damages comprise future losses in earnings and lost earning ability. You must prove that you had the ability to earn that amount of money in order to recoup future losses in wages and earning capability. The court will estimate your future earning capacity by comparing your abilities before and after the injury, as opposed to special damages, which use your actual wages as a basis for calculation.
Obtaining Compensation for a Wrongful Termination
If you’ve lost your employment because of a medical condition, you’ll need documentation of that illness before you can sue for damages. In most cases, you’ll have to provide documentation of your injuries, such as a doctor’s note, a disability slip, and any other relevant documents. To complete your application, you’ll need to include a notice of dismissal from your employer as well as documentation of your earnings. You should mention in the letter that your dismissal was a result of your accident-related injury.
Your personal injury case may be subject to limitations, such as damages caps, depending on the state in which you live. Recovering from a long-term loss of income will be extremely difficult, if not impossible. Noneconomic damages in some states are capped at a certain monetary value. Don’t ask for more than the law allows, so check your state’s laws first.
Your obligation is to minimize the damage
Even if you weren’t at fault for the accident, you still have a duty to minimize your losses in a personal injury lawsuit with the help of a car accident attorney. If you’ve been injured, you can’t expect to get paid for the time you spend resting at home after you’ve recovered. The sooner you can get back on your feet and look for a new employment, the better. Damages will be lowered if the court finds that you were able to work but did not make an effort.