How Louisiana Handles Wage Claims in Personal Injury Accidents
If you figure in an accident in the state of Louisiana, you can make several claims against the defendant. If you are the victim, you can make a claim to compensate for pain, physical or emotional suffering, loss of enjoyment of life, lost wages, or medical bills. This article focuses on the settlement of lost wage claims.
Claims on past lost wages
A person who causes an injury to another has a legal obligation to repair these damages. If a victim in a car crash cannot work because of the accident, the party at fault or their insurance provider must compensate for the wages the victim has lost due to their accident-related injury.
When recovering past wages, a victim or their personal injury lawyer must submit several documents to the defendants. These include papers showing the victim’s regular wages prior to the accident, their job description, medical documentation showing their inability to return to work, and proof of the time they lost from the accident.
Include papers like pay stubs, tax returns, W-2’s, and payroll records in the filing. The doctor’s note and disability slip should also be part of this report. The plaintiff and their attorney should be the one to compute for the figure the other party owes.
Claims on future lost wages
In the state’s law, you can also make a claim for future lost wages. If you get in an accident in Bossier City, for example, you can make a claim on the defendant or their insurance provider compensating you for future wages that you cannot earn after the settlement or trial. As with past wage claims, you must provide documents as proof.
You must show medical records that attest to the fact that you cannot work in the future and job descriptions showing the physical requirements of your job. You also have to provide your typical yearly income and your life or work-life expectancy.
Let the Law Office of Chris Stahl handle your wage claims in Bossier City
Possible issues from the evidence
As with any case, the proof you submit must be free from suspicion and reproach. Your documents should be admissible, genuine, and trustworthy. A plaintiff that does not pay his income taxes will find it challenging to prove that the defendant should compensate them for a certain figure. Jurors and judges are unlikely to side with a plaintiff who does not pay taxes. Produce your income tax returns as part of your wage claim documentation.
In addition, the payroll records, wage payout, and job description should be official. Get in touch with your company’s records section to get authenticated copies of these items.
The company’s records custodian and an expert medical witness should also be on hand to testify to the authenticity of the information presented by the plaintiff. Finally, evidence showing future lost wages should include testimony from other experts like economists, insurance officers, and rehabilitation specialists.
No one wishes to figure in an accident or injured in any way. It takes a lot of time and resources to bounce back from a setback this huge. However, no one can predict how his or her life turns out. As a way of helping victims get back to their normal lives, Louisiana law makes provisions for them to add financial claims in their personal injury case.
Reach out to Christopher M. Stahl for your legal needs. A lawyer in Bossier City, Stahl practices before Louisiana state courts and the United States Federal Court for the Western District of Louisiana. In addition, SB Magazine named him as a Top Attorney in 2017, 2018, 2019, and 2020. Contact us office today for more information.
There are certain situations that will warrant the need for a personal injury lawyer, but not all will be applicable for one person. Here are some scenarios..