Can I Recover Lost Wages if I Miss Work Because of a Virginia Car Accident?

Sep 1, 2022 | Auto Accidents

Yes, you can recover lost wages for missed work due to a Virginia car accident. But to do so, you’ll need to provide several employment documents to prove your case. These documents can include:

  • W-2 showing income
  • Proof of hours or days you missed work
  • Evidence that the car accident is the cause of your missed work (for example, documented doctor’s appointments related to the injury)
  • A statement from your employer
  • Bank statements
  • Tax returns

 

The evidence required for your lost wages will vary based on the nature and type of your employment. 

Before you can claim lost wages, you’ll need to prove fault and avoid the courts finding you at fault for the accident due to Virginia’s contributory negligence law.

Proving Fault in a Car Accident

Before you can get compensation for missed work due to a car accident, you’ll need to prove that the other driver was at fault for the accident. This means presenting evidence that the other driver was negligent in their operations of a motor vehicle. 

Some examples of negligence that can lead to a car accident include:

  • Speeding
  • Running a red light
  • Failing to signal when turning or changing lanes
  • Abrupt stopping
  • Following another vehicle too closely
  • Operating a vehicle recklessly
  • Driving distracted
  • Poor vehicle maintenance
  • Driving under the influence of drugs or alcohol

 

What Is Pure Contributory Negligence?

Virginia is a challenging state when it comes to car accident claims. That’s because it operates under the pure contributory negligence rule. This means that if you’re found to be at fault for even 1 percent of the accident, you cannot claim damages from the other party.

This leads many accident victims to file claims with their own insurance. Small mistakes or missteps in the claims process can give the opposing party grounds to claim that you were partially at fault for the accident. 

Pure contributory negligence is far stricter than comparative negligence, which some states use as a determination of how much to award accident victims in damages. Under comparative negligence, the courts will decrease the total settlement by the percent you were at fault. But with pure contributory negligence, you have no grounds for seeking compensation if you were partially at fault, no matter how small of a part you played in the accident.

Damages You Can Seek in Virginia

In addition to missed work, you can seek several other damage types as part of a car accident claim. This includes both economic damages – that is, damages that have a documented dollar amount associated with them – and non-economic damages or damages that do not have a specific dollar amount associated with them.

Here are some damage types you might pursue with a Virginia car accident claim.

  1. Property damage, including vehicle damage
  2. Visits to your doctor
  3. Medication expenses
  4. Future medical expenses
  5. Lost wages
  6. Disability
  7. Pain and suffering

 

There are also punitive damages, which are less common. The maximum amount allowable in Virginia for punitive damages is $350,000, for rare cases of gross negligence. Your Geoff McDonald and Associates Attorney will be able to advise you about punitive damages accordingly.

Calculating a fair settlement amount can be challenging because it accounts for both items you have receipts for and damages that you cannot put a price on, such as pain and suffering.

Having an attorney on your side throughout the claim process is the best way to ensure you’ve covered all necessary expenses when calculating your settlement amount. 

Geoff McDonald & Associates offers a skilled team of attorneys who know the importance of claiming lost wages and other expenses when filing a Virginia car accident claim. Contact us now for a free consultation to review your case and determine the best next steps.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    How Are Truck Accidents Different From Car Accidents in Virginia?

    Power trucking accidents are one of the most dangerous types of road accidents, and they differ significantly from car accidents in several ways. The most apparent difference between a truck and a car is their size and weight. Trucks are much bigger and heavier than...

    What to Do if You’re Hurt in a Virginia Multi-Vehicle Crash

    Any car accident has the potential to cause catastrophic injuries and property damage, and multi-vehicle accidents can dramatically increase those risks.  Multiple-vehicle accidents involve three or more vehicles, which also complicates determining fault and...

    How Do I Know If I Have a Valid Truck Accident Case in Virginia?

    Truck accidents are some of the deadliest vehicle accidents that occur across Virginia, especially when commercial trucks collide with smaller vehicles. If you or a loved one suffered injuries in a truck collision, you may ask, “Do I have a valid truck accident case?”...

    Is It Illegal to Tailgate Behind another Car in Virginia?

    Following too closely in Virginia is a traffic infraction punishable by a fine beginning at $81. Tailgating in Virginia is not only a moving traffic violation that could result in demerit points on your driver’s license, but is also dangerous to drivers and passengers...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald