(August 30, 2022) The owners of a beloved San Antonio Coffee Shop on the South Side are asking for help after an auto accident left the couple hospitalized and the husband unable to work, according to Kens 5 News. Emilie Herrera posted to Instagram that the couple needed help paying for expenses after the accident since her husband, Tatu Herrera, may not be able to return to work for a month or more. He runs the day-to-day operations of The Folklore Coffee Shop, and his absence could mean trouble for the recently reopened business that had been temporarily closed due to the pandemic lockdowns in 2020. Most people know that they may be able to receive legal compensation for physical injuries and car damages after an accident. However, you may not be aware that in Texas, if your injuries have kept you from returning to your workplace, you may be entitled to compensation for lost wages.
Did you know?
The National Safety Council reported that 4.8 million people were seriously injured in auto accidents in 2020
How are lost wages calculated in a Texas personal injury lawsuit?
In its most basic form, lost wages are defined as the time spent away from work due to your injuries and the wages you could have made if you had been able to work. This could also include any vacation or sick time accrual you could have earned if you had not been injured or any of those days you had to spend due to your injuries. Additionally, if you had intended to work any overtime hours, or if you missed a bonus or a promotion due to your time away from work, that may also be included in your claim.
Do I have to be a full-time employee to make a lost wages claim?
You do not have to be a full-time employee to make a lost wages claim. In fact, you can even be self-employed though the calculations for how much you lost may be more difficult to figure out. In most cases, a letter from your employer that details information like your position in the company, your typical schedule/working hours, your wage or salary, and how much time you missed is sufficient evidence. If you are self-employed, evidence can be in the form of missed appointments or an estimation of how much you lost based on a previous year’s tax return. However, in order to precisely determine what information you need for your specific claim, contact an experienced San Antonio, personal injury attorney.
What if I’m not able to return to work at all after my accident?
Loss of earning capacity, otherwise known as diminished earning capacity, can be more complicated to calculate and is very dependent on your specific situation. An attorney will be able to tell you what you need to prove in court, but as a general rule, calculations include factors such as life expectancy, past earnings, level of skill required, and market rates for your position or wage.
Have you been unable to return to work due to an injury in San Antonio?
The law office of Carabin Shaw has been representing the injured citizens of San Antonio for thirty years. If your injuries have prevented you from returning to work, contact us today at 800-862-1260.