Motor vehicle accidents can leave Minnesota residents reeling with serious injuries. If your injury requires you to miss time from work, you might wonder if your settlement would pay for your lost wages.
What are the elements of a car accident case?
Car accidents give the injured party the legal right to file a claim against the at-fault driver. However, in order to have a successful claim, the plaintiff is required to prove that the other driver was negligent, and that it led to the accident and their subsequent injury. Those elements are duty of care, breach of that duty, causation, and damages.
Other drivers owe a duty of care to be safe while on the road. If the driver was negligent or driving recklessly, that is considered a breach of that duty of care.
You will need to show that such breach of duty caused the car accident that led to your damages. In this case, the damages are the injuries you suffered from the car accident and your inability to work while you recover. They might also include repairs needed on your vehicle.
What kind of damages could you potentially recover?
If the injuries you sustained in the car accident were severe enough to prevent you from working, you could seek lost wages as part of your compensation. Lost earning capacity is also possible if you are unable able to work for the foreseeable future due to your ongoing medical care and recuperation. These damages are potentially available whether your injury is long-term or permanent.
In the scenario that you can still work but have to take a lower-paying job with fewer hours, you can still request lost wages and lost earning capacity in your personal injury claim. This is because you would have been able to continue with your prior job had it not been for your injuries.
If you were injured in a car accident, you must hold the other driver responsible. Fighting back for your rights is important.