Were you involved in a bad crash with a commercial truck in Stockton or elsewhere in the San Joaquin Valley? A serious injury could keep you off the job for days, weeks, months, or even permanently. Truck accident victims have the right to pursue compensation for lost income. Here, our Stockton eighteen wheeler accident attorney provides an actionable guide for recovering compensation for lost wages after a tractor trailer crash in California.
Lost Wages are Part of Economic Damages
Truck accident victims in California have the right to seek compensation for the full extent of their damages for the at-fault party, such as a trucker or trucking company. After a bad truck accident in Stockton, victims may face significant financial stress—including lost income during recovery. It is imperative that truck accident victims in California are able to secure the full and fair financial compensation that they deserve. Here is the basic formula:
- You have the right to seek compensation for all of the past, present, and future income that you missed out on because of your truck accident.
Understanding California Jury Instructions (Lost Income)
The Judicial Council of California Civil Jury Instructions (CACI No. 3903C.) provides guidance on how lost wages and diminished earning capacity are calculated in personal injury cases, including in commercial truck accident claims. The law is clear: Victims have a right to seek financial compensation for both past and future wage loss damages from the at-fault party. Here is an overview of the standard as set forth in the state’s jury instructions:
- Past Lost Earnings (Lost Wages): To recover damages for past lost earnings, the plaintiff must prove the amount of income/salary that has already been lost to date.
- Future Lost Income (Diminished Earnings): To recover damages for future lost earnings, the plaintiff must prove the amount that is likely to be lost due to their accident with a reasonable degree of certainty.
As a general rule, it is more challenging to recover full and fair compensation for future lost income than it is for past lost income. While there are exceptions to the rule, past lost earnings are more easily documented. A Stockton, CA truck accident lawyer can help you build a strong case.
Evidence You Need to Prove Lost Wages/Diminished Earnings in a Truck Accident
Evidence is the key to any successful personal injury claim in California. Tractor trailer crashes are certainly no exception to the rule. To be in the best possible position to secure the maximum compensation for your lost wages and future earning capacity, it is imperative that you have comprehensive documentation. Some of the most common types of evidence include:
- Pay Stubs: Pay stubs are among the most straightforward ways to prove your lost wages after a truck accident. These records can help to show exactly how much income you were earning before the crash, including things like hourly wages, salary, overtime pay, and any bonuses. A series of recent pay stubs can help establish your regular earnings pattern of your earnings. For employees, pay stubs help to form the basis of a wage loss claim.
- Tax Returns: Your federal income tax returns and your California income tax returns can also be relevant evidence. Indeed, your tax provides a broader view of your income history. They are especially helpful if you are self-employed or if you have somewhat irregular income. They offer a year-over-year picture of your earnings and can help establish your typical annual income.
- Business Records: Are you a business owner who was injured in a truck accident? You may need business records to prove the extent of your lost wages and your diminished earning power. Invoices, profit-and-loss statements, billing records, and client correspondence can all show how much revenue you were generating before the truck accident. These documents help paint a clear picture of how your injuries disrupted your operations, delayed projects, or caused a loss of clients.
- Medical Records: Finally, it is important to emphasize that medical records are also relevant evidence in a truck accident claim as it pertains directly to the issue of lost income. Medical records are key to connecting your lost wages to your truck accident injuries. These records document the extent of your injuries, your recovery time, and any long-term physical limitations. If a doctor advises you not to work—or limits the kind of work you can do—this medical guidance helps justify the time you missed from your job.
You do not have to navigate a truck accident claim alone. Remember, even when liability is clear, truck companies and their commercial insurers carriers fight hard to pay out as little as possible. They will often try to undervalue your lost income and, especially, your diminished earnings.
How Our Stockton Semi-Truck Accident Lawyer Can Help
A serious tractor trailer crash can disrupt your entire life. Among other things, you could be required to miss a considerable amount of time from work to recover from the accident. With the most serious injuries, you may not even be able to return to work in your previous capacity. It is imperative that victims are able to secure compensation for the full extent of their damages, including lost wages and diminished earning power. At Redkey Gordon Law Corp, our case results show what we can do for truck accident victims. We fight for the maximum compensation. Your initial consultation with our Stockton truck accident lawyer is free and fully confidential.
Contact Our Stockton, CA Semi-Truck Accident Attorney Today
At Redkey Gordon Law Corp, our Stockton semi-truck accident lawyers are devoted to providing the highest quality of guidance and support to victims and their families. Hurt in a crash with a tractor trailer? We can help you seek compensation for the full value of your lost wages. Contact us right away for a no cost, no obligation initial case review. From our law office in Stockton, we provide personal injury representation to truck accident victims all across Central California.