QUESTION
Can I collect for the days I missed work? How?
Asked on May 13th, 2015 on Personal Injury - New York
More details to this question:
I was injured in a car accident and had to miss a week of work because I of medical reasons and to fix my car. I just had an X-Ray and and MRI done but they did not find anything wrong with me. If I sue for personal injury can I collect money to compensate for the days I missed work?
18 ANSWERS
1 Award
You will be entitled for damages for your pain and suffering, for your medical expenses, and for your loss of wages, assuming the accident was caused by the negligence of a driver other than you. The statute of limitations for person injury cases in Wisconsin is three years from the date of injury.
Answered on May 15th, 2015 at 2:03 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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It is your own vehicle insurer that is responsible to pay for any wage loss and for medical treatment expenses. This does not require a suit. This requires you to file and Application for Benefits with your vehicle insurer, as well as provide reasonable proof of the fact of, and extent of, any wage loss, medical bills and replacement services. It is highly likely your insurer will simply pay the claim, if it is properly documented. You only have a personal injury claim against someone who is at fault for a crash and if you can prove you had a serious injury. You'd want a lawyer to review your matter if you still have questions, but if "nothing is wrong you", then it is doubtful you have any ability to prove a "serious" injury.
Answered on May 14th, 2015 at 9:02 AM
Lisa Hurtado McDonnell
You have to be injured, if the doctors could find any injuries then probably not.
Answered on May 14th, 2015 at 1:23 AM
Certainly, you can collect for all your damages such as medical bills, time lost, pain and suffering, vehicle damage, rental car, etc. ?However, the time you have to spend to get the rental car and take your car in for repairs is not allowed as a damage.
Answered on May 14th, 2015 at 1:16 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Lost wages caused by the crash are compensable. The problem may be the size of your total claim does not support a contingency fee arrangement. You may have to file a lawsuit in the justice court in your county. The clerks in the court will help you fill out the paper work.
Answered on May 14th, 2015 at 1:04 AM
James Eugene Hasser
Yes, but you'll need a Dr's excuse for each day you missed. Good luck.
Answered on May 13th, 2015 at 4:51 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Yes, you can claim your medical expenses, lost wages and pain and suffering.
Answered on May 13th, 2015 at 4:46 PM
Edwin K. Niles
Yes. Please see a personal injury lawyer.
Answered on May 13th, 2015 at 4:10 PM
Thomas Edward Gates
Since you had no injuries, you do not have a claim for missed work. Time off to repair your car is not given. You do not have a case to sue anyone for damages, it's to small. You can submit your claim to their insurance company.
Answered on May 13th, 2015 at 4:05 PM
Ronald A. Steinberg
Under Michigan law, you go to your own auto insurance for the car repairs, your lost wages due to injuries, for medical mileage, and for medical expenses. You can only sue the other owner and driver for pain and suffering; however, in Michigan, you cannot get anything unless you suffered a "serious impairment of body function."
Answered on May 13th, 2015 at 4:00 PM
Your lost income is typically a compensable monetary damage in a personal injury claim.
Answered on May 13th, 2015 at 3:55 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes, absolutely. How? It's part of your damages lost earnings, past and future medical expense, and general damages for pain, suffering and inconvenience are what you can recover.
Answered on May 13th, 2015 at 3:01 PM
You did not disclose which state you reside, or where the accident occurred. Nor did you state if the accident was your fault or not. The laws on this vary from state to state. Therefore, I may not give you an answer upon which you may rely. Also, this is a Tort question, I do not practice tort law, I practice employment law, and this is not an employment law question. So you should not rely on my answer. If you are in GA, and if the accident was the other person's fault, and not your fault, you usually may sue for personal injury and be compensated for lost wages. But, you will have to prove that the lost wages were a result of the injury, and not, for example, a personal vacation. I do not know about the time lost fixing your car. You should go see a personal injury lawyer. They usually do not charge for talking with you, and only get paid if they win.
Answered on May 13th, 2015 at 2:46 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can sue for lost wages. Often there are several other bases for damages which a personal injury lawyer knows, but which are not generally known to lay persons. Consult an injury lawyer: it's almost always worth the investment. Good Luck.
Answered on May 13th, 2015 at 2:44 PM
Business Litigation Attorney serving Irvine, CA
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Lawrence Bartels LLP
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Yes. If you prevail in a personal injury case, lost wages will be a component of your damages.
Answered on May 13th, 2015 at 2:39 PM
General Practice Attorney serving Bingham Farms, MI
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The Niskar Law Firm PLLC
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If the accident occurred in Michigan, then you would have to obtain your wage losses from the No-Fault insurance company of highest priority (which is usually your own insurance carrier). You could only sue the at-fault party for wage losses over a particular amount, and only if you prove all of the elements of a auto negligence case. Make sure you act quickly and immediately submit your claim for No-Fault benefits to the appropriate insurer, as there are very strict and short deadlines for doing so.
Answered on May 13th, 2015 at 2:39 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Loss of time from work is something that the insurance company should pay. The insurance company normally checks to see if the doctor authorized your time off as a result of the accident.
Answered on May 13th, 2015 at 2:34 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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File for no-fault benefits. That's what you are paying insurance premiums for. Unless you have a "serious injury" as that term is defined by law (fracture, total disability for 90+days, permanent partial disability, etc.) you can't sue for personal injury anyway.
Answered on May 13th, 2015 at 2:33 PM