Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Personal Injury Protection Benefits And Your Lawsuit: What You Need To Know

Law Blog

When you suffer an injury in an accident, you can expect to take some time off work to heal. Based on your injury, you could be out of work for a long time. This could mean you will be without an income for a long period of time. Unless you have months of your salary saved, you can face some devastating financial consequences. If your accident was due to the negligence of another party, you can opt to file a personal injury lawsuit that also includes the recovery of your lost wages. One thing you may have to help is a personal protection benefit from your employer. The following are some things you need to know if you are in this situation:

Can You Recover Lost Wages if You Were Paid by Your Employer?

Some employers provide personal injury protection benefits. If your company provides this benefit, you may have received some of your salary when you are out of work due to your injury. However, this benefit typically only pays a portion of your salary. You are still going to be without your full salary during your time of healing.

This means you have not been made whole from the consequences of your accident. You can still sue the other party for the rest of the wages you would have earned had you not been injured. You will have to provide proof that you were not paid your full salary in your personal injury claim.

How Are Lost Wages Calculated?

When you are paid a regular salary, it is easier to calculate the percentage of wages you did not receive during your leave from work. To find out the amount, you can subtract the money you normally receive from what you received from your personal injury protection benefit.

If you receive a commission or are paid hourly, it can be more complex to calculate the difference in your wages and what you received from your personal injury protection benefits. You have to provide your check stubs for a period of time to your attorney to help determine the amount you would typically receive from that time period. Your attorney can then subtract that amount from your benefits amount to provide a fair sum of what you should sue for in your lawsuit.

One thing to consider are any special commissions or bonuses you would have been entitled to had you been able to work. You should also include any overtime pay you would have qualified for and could not get due to your work absence. Your human resources department can help you with this information.

Contact a personal injury lawyer to learn more.


22 July 2021