Can I Sue for Lost Wages After a Car Accident in Colorado?

Lady driver with crutches from accident getting inside her car.

If you were seriously hurt in a Colorado car accident, you’re likely wondering how you will make ends meet while you’re unable to work. Fortunately, Colorado law allows you to seek compensation for your missing income. An experienced personal injury lawyer can help demand compensation for your lost wages from the person who hit you.

At The Wilhite Law Firm, our Colorado car accident lawyers understand the financial impact a collision can have – especially if you have to miss a lot of work while healing from your injuries. We have the experience, talent, and resources to demand fair compensation for your lost wages and other losses from a car accident in Colorado. 

What Types of Lost Income Can I Recover After a Car Accident?

Your compensation for lost income in a car accident claim isn’t limited to hourly wages. You can demand compensation for many types of income and other financial benefits from your job, including:

  • Salary – This is the money you earn regularly for your job. If the accident kept you from earning your salary, you could claim this loss in your personal injury case.
  • Hourly wages – Many people get paid by the hour for their work. If your injuries stopped you from clocking in and earning those wages, you can ask for that money in a car accident claim.
  • Paid time off (PTO) – Many people injured in car accidents must use vacation or sick days to recover. Those days have value because you earned them. You can seek to recover the value of the PTO you used while healing.
  • Overtime – If you regularly work extra hours for more pay, a collision can mean missing out on this additional income. You can include lost overtime pay in your claim.
  • Retirement benefits – Sometimes, what you put away for the future takes a hit because you’re not working. If you lose out on retirement benefits or matching contributions due to a car wreck, you can claim this loss.
  • Commissions – For those who earn money based on sales or performance, losing the chance to earn commissions can be a big financial blow. You may recover these losses if you can show that the accident stopped you from making those sales.

Each of these income types is important and can add up to a significant amount. When you’re putting together your claim, think about all the different kinds of income you lost. This way, you can make sure you’re asking for a fair amount to cover all your lost earnings.

What Evidence Do I Need to Prove the Wages That Were Lost?

Showing how much money you missed out on after a car crash isn’t just a matter of saying it. You need solid proof. Here are key pieces of evidence you can use to make your case for lost income:

  • W-2s – These forms show how much money you made in a year from your job. They’re a clear snapshot of your earnings, making them powerful proof.
  • Pay stubs – These slips give a detailed look at your earnings on a weekly or monthly basis, including any overtime or bonuses you usually get. They’re essential for showing what you typically earn.
  • Tax returns – Your tax returns can provide a comprehensive view of your annual income, especially if you have multiple sources or are self-employed.
  • Notice from your employer – A letter or official notice from your workplace can confirm the income you lost. This document can detail how much time you missed, your pay rate, and any missed opportunities for overtime or commissions.

Other helpful items might include bank statements or documentation for missed job opportunities, contracts, or special projects that would have provided you with extra income. A Colorado car accident attorney can collect these documents to build a strong claim.

Can I Seek Compensation for My Lower Earning Potential?

Sometimes, injuries from an accident are so severe that they change your ability to work as you did before. This could mean not being able to do the same job, work as many hours, or make as much money. In a personal injury claim, you can ask for money to cover this reduced earning potential. That way, you can make sure you’re covered for the long-term impact the crash has on your life and work.

How Do I Claim My Lost Wages from the Car Accident?

Recovering compensation for lost wages after a collision involves a few key steps:

  1. Gather all your evidence, like pay stubs, tax returns, and any letters from your employer about your lost income.
  2. Get a detailed report from your healthcare provider about your injuries, how they affect your ability to work, and how long you might be unable to work.
  3. File a claim with the insurance company, attaching all your proof and documentation.

It’s important to clearly explain how the accident impacted your income. Negotiating with the insurance company may feel overwhelming, but a legal professional will understand how to fight for your rights. If the insurer refuses to offer fair compensation for your lost income, your lawyer can file a car accident lawsuit to demand what you’re owed.

What Other Losses Can I Recover in a Car Accident Claim?

Your lost wages may make up a significant portion of a car accident claim, but you can also seek compensation for other losses. Depending on the facts of your case, you can seek money for your:

  • Past and future medical expenses
  • Lower quality of life
  • Pain and suffering
  • Emotional distress
  • Damaged personal property

How Long Do I Have to File for Lost Wages from a Car Accident?

Colorado law gives you three years to file a lawsuit after a car wreck. While you should speak to your insurance company and start a personal injury claim sooner than that, it’s crucial to file a lawsuit within that three-year timeframe. Otherwise, you lose your chance to recover any compensation for your injuries in court.

Contact a Colorado Car Accident Lawyer

The Wilhite Law Firm knows how a collision can impact all aspects of your life. Our experienced Colorado car accident lawyers can help you claim compensation for the full range of your losses. Call us today or complete our online contact form for a free consultation.

Author: Robert Wilhite

Rob Wilhite is a proud Colorado and Texas personal injury litigator. From an early age, he knew he wanted to become a lawyer. After graduating from the University of Colorado Boulder in 2000, he then earned his J.D. from the University of Tulsa School of Law in 2004.
Rob has since dedicated his career to helping injury victims secure the accountability and compensation they deserve. From personal injury and insurance bad faith to premises liability and defective products, Rob has handled numerous case types in jurisdictions throughout the country. Every day, he proudly deploys his extensive experience as an attorney fighting for the rights of his clients. As Managing Partner, he ensures that the firm’s values consistently reflect his passion for helping others through the law.