How Long Does It Take To Get Lost Wages After a Car Accident?

Understanding Lost Wages Under Nevada Law

Lost wages include all the income you would have earned if you had not sustained an injury, including:

• Your base income: These are your regular salary or hourly wages. For example, if your hourly rate is $30, and you miss 10 days of work, your lost income is $300 ($30 x 10 hours). If you are a salaried worker, you can divide your annual salary by 2,080 (Nevada’s standard working hours per year) to get an hourly rate or by 260 (the general working days per year) to get a daily rate. Then, multiply the number you get by the hours or days missed.
• Overtime: If you regularly worked overtime before the accident, include it in your lost wages.
• Bonuses: If missing work causes you to miss out on bonuses you have earned before or were to receive, you can request compensation.
• Sick leave and vacation days: If you use sick or vacation days to recover from the injuries, you may be eligible to claim the fair value of your lost PTO.
• Perks: If you lose perks that are part of your compensation, you can also claim them. For example, a gym membership, retirement plan contributions, and health insurance contributions.
• Tips: If you regularly earned and documented tips before the accident, you can claim lost tips.
• Self-employment income: If you are an independent contractor/freelancer, you can recover the income you lose because of your injuries, such as lost business income and cancelled contracts/gigs.

The Timeline: How Long Until You’ll Receive Your Lost Wages Check?

It can take anywhere from three to 12 months to receive your lost wages settlement. This timeline includes the steps you should take after the accident, which are:

• Report it to the police: Nevada law requires a crash that results in bodily injury, death, or apparent property damage of $750 or more to be reported to the police. So, call 911 from the scene to notify the police and receive emergency care. If the police don’t respond to the scene, you should submit a written or electronic report to the Nevada DMV within 10 days of the accident.
• Seek medical attention: Immediately after leaving the scene, you should seek medical attention. A doctor needs to examine and treat you. Depending on the severity of the injuries, treatment can take a few weeks to several months.
• File a claim with the at-fault driver’s insurance company: After receiving the initial medical attention, file a claim with the at-fault driver’s insurer. Under Nevada law, the insurance company will have 20 working days to confirm receipt of the claim, begin investigation, request any additional information that’s needed, and send out required forms. After gathering all the necessary documentation, the insurer will have 30 working days to approve, deny, or settle the claim. If the company denies liability, you can file a lawsuit. If it accepts liability, negotiations begin. This can take weeks or longer.
• Settlement or lawsuit: If a fair settlement is reached during negotiations, you will receive your compensation, including your lost wages check. If not, you can take the case to court.

What Factors Delay Your Lost Wages Claim?

A lost wages claim can be resolved in a few weeks or months, depending on:

• Severity of injuries: Settlements are often delayed until an injured victim reaches maximum medical improvement (MMI). This is the point at which a condition has stabilized and cannot be improved further by additional medical treatment. Someone who sustains a severe injury can take longer to reach MMI.
• Disputed liability: This is a case in which the at-fault driver’s insurer doesn’t accept liability right away.
• Insurance company tactics: Some insurers engage in delaying tactics, like requesting excessive documentation to pressure an injured victim to accept a quick, lower settlement.
• Complicated cases: Claims that involve multiple vehicles, a commercial truck, or a ride-share vehicle can be complex, as they often involve multiple insurance companies. This can add months to a case.

How To Prove Lost Wages

You’ll need documentation linking your injuries directly to an inability to work to prove lost wages.

This includes:

• A letter from your employer verifying your name, job title, hire date, average weekly working hours (including overtime), rate of pay, employment status at the time of the accident, and the specific hours, bonuses, and sick/vacation time missed due to your injury
• Pay stubs
• Tax returns
• Self-employment records, such as contracts, invoices, tax returns, 1099 forms, and bank statements
• Records of tips
• Doctors’ notes explicitly outlining work restrictions and how long you will be unable to work

Future Lost Wages and Loss of Earning Capacity

If an injury sustained in a car accident reduces your ability to earn money in the future, you can also recover lost earning capacity. You can claim it if an injury prevents you from working or limits your career options. For instance, you return to work but to a light-duty role at a lower salary.

It’s calculated by determining the difference between the potential lifetime earnings before the injury and what you are capable of earning afterward. Expert testimony is crucial in projecting future lost wages.

Nevada Statute of Limitations for Lost Wages

Generally, you have two years from the date of the accident to recover lost wages and other damages. Therefore, it’s vital to take the necessary steps earlier to avoid delays that could threaten your eligibility for compensation.

How a Las Vegas Car Accident Attorney Speeds Up the Process

Working with an auto accident lawyer in Las Vegas prevents delays. Your lawyer will help you gather solid evidence that proves liability and damages, including lost wages. They will also provide you with tips for preserving evidence to avoid losing crucial proof.

Additionally, lawyers are skilled at identifying and weakening insurance company tactics. Your attorney will also work with other professionals to obtain more details about the accident and gather enough evidence of lost wages and loss of earning capacity. This will enable them to build a strong case, which gives you negotiation leverage, increasing the chances of maximizing compensation, and receiving a faster payout.

At Adam S. Kutner, Injury Attorneys, we are committed to helping injured victims receive the compensation they deserve. Contact us today for a free consultation.

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