How Do You Collect Lost Wages After a Car Accident?

A car accident can leave more than physical scars. It can take a serious financial toll, especially when you’re forced to miss work while recovering. Whether you’re employed hourly or salaried, those days off can add up quickly. And if you live in Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Hampton, and Suffolk, you may wonder whether your missed paychecks can be recovered.

The answer? Yes, in many cases. But it isn’t automatic. In Virginia, lost wages are not a standalone claim. Instead, they are one part of your total personal injury damages. To recover them, you’ll need solid evidence and a clear legal strategy.

At Montagna Law, we help accident victims in Hampton Roads fight for their full compensation, including their lost income. Here’s what you need to know.

What Constitutes Lost Wages in a Car Accident Case?

Lost wages refer to the income you were unable to earn due to injuries sustained in a car accident. This includes time missed from work because of hospitalization, physical therapy, medical appointments, or your inability to perform your duties.

Virginia law permits the recovery of these wages as part of your personal injury damages if your absence from work was directly caused by accident-related injuries. But to qualify, your missed work must be supported by medical documentation. A doctor’s note stating that your injuries required time off work is not optional—it is the core of your lost wage claim.

How Can I Document Lost Wages?

To build a solid claim for lost income, you need more than just your own word. In Virginia, the foundation of your case must include:

• A doctor’s note stating that your injuries made you medically unfit to work.
• Recent pay stubs that reflect your typical income before the crash.
• A letter from your employer verifying the time you missed and your usual hours and rate of pay.
• Bank statements, particularly if you are self-employed or your pay varies.

Even with employer support, insurance companies often require documented evidence to verify your income loss. That’s why hiring an attorney is key. Montagna Law can help you gather and organize the necessary records and communicate with your employer and healthcare providers to verify that everything lines up.

How Are Lost Wages Calculated?

If your wages are consistent, calculating your losses can be relatively simple. Multiply your daily wage by the number of workdays missed. But if your job includes overtime, tips, bonuses, or commission-based income, things become more complex.

You may be able to recover for:

• Lost overtime and regular pay
• Missed bonuses or performance pay
• Lost commissions
• Paid time off (PTO) used because of the accident

Each of these requires its own documentation. A car accident lawyer can help account for your full earnings, not just your base salary.

How is PTO Calculated?

Paid time off is another form of compensable wage loss. If you used PTO or sick days for recovery, medical appointments, or transportation delays due to the accident, Virginia law generally allows you to claim those lost benefits.

Even though PTO is a benefit, not direct income, the law treats it as time that would otherwise remain available to you. Losing it because of someone else’s negligence means you’ve lost something of value, and the law recognizes that.

Will Insurance Pay for Lost Wages After a Car Accident Injury Claim?

Yes, but only under the right conditions. Virginia follows an at‑fault system, meaning the other driver’s insurance must pay your damages, including lost wages, if that driver is found negligent.

To collect, you must show:

• That another party caused the accident
• That you missed work due to injuries from the crash
• That you have the documentation to support your claim

This includes medical records, employer verification, and evidence of your income. Without those, insurers will likely deny or delay your claim.

What Are Common Challenges When Seeking Lost Wage Compensation in Virginia?

Recovering lost wages is rarely a smooth process. Some of the most common obstacles include:

• Disputes over who was at fault for the accident
• Delays in communication from insurers or healthcare providers
• Arguments over the severity of your injuries
• Missing or incomplete documentation
• Existing liens from healthcare providers or insurers

Insurance companies don’t like paying out claims, and lost wages can be one of the first items they question. Having legal representation can help overcome these tactics and put pressure on insurers to act fairly.

How Long Does It Usually Take to Receive Lost Wage Compensation After a Car Accident?

There is no universal answer for how long it takes to resolve a personal injury claim. The timeline to receive compensation can vary widely depending on factors like the complexity of the case, the nature of your injuries, and how cooperative the insurance companies are during the process.

That’s why it’s important to begin the process early. As Montagna Law notes, lost wages are only one piece of a personal injury claim, and the full case must be settled before these losses are reimbursed.

Is There a Deadline for When You Can Claim Lost Wages?

Yes. In Virginia, the statute of limitations for personal injury claims is two years from the date of the accident. Lost wages are part of that personal injury claim, not a separate legal action.

Failing to file within that two‑year window could bar you from recovering damages related to the accident, including lost income. Certain exceptions exist, but they are limited and rarely apply.

Why Choose Montagna Law’s Car Accident Lawyers

Montagna Law has built a strong reputation for helping accident victims across Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Hampton, and Suffolk. With decades of experience handling personal injury cases, our attorneys understand the stress, uncertainty, and financial pressure you may face after a serious accident. We take a client-first approach, listening to your concerns and tailoring our strategy to meet your needs.

Our legal team has the knowledge and tools to document lost wages thoroughly and present them clearly to insurance companies or in court. We know how insurers operate and how to counter their delay tactics. Whether you’re missing hourly wages, PTO, or self-employment income, we help ensure no detail is overlooked.

When you work with Montagna Law, you’re not just hiring a lawyer; you’re gaining a dedicated advocate who will stand by you from start to finish. Let us fight for the compensation you deserve so you can focus on your recovery and future.

Our Personal Injury Client Testimonials

“Montana Law firm has restored my trust in lawyers. Each time I entered the office,I was greated pleasantly with a smile and hello. It makes you return a smile. Mr Montagna made me fell confident as a client. He asked questions and answered to my understanding. I’m satisfied with the results. I would recommend this firm to family and friends.” — Jacquelyn W.

“My experience with Montagna Law was smooth from the beginning to the end! I was in a horrific car accident, and reaching out to this law firm was the best thing to ever happen to me. Ms. Grace communicated so well and was such a sweet soul. I knew I was in great hands! Mr. Montagna was down to earth and was straight forward with everything in my case, and I truly appreciated that. Thank you all for everything. Definitely will be back if ever in need of an attorney.” — Brittany E.

“Mr.Montagna was an absolute pleasure on the phone and in person! My friend recommended me to him and I couldn’t have been happier with my decision! Grace was also such a delight to hear from; she always had the best attitude! Mr. Montagna went above and beyond to make sure I would be treated fairly and with that being said if I could give him and Grace 10 stars, I would! Thank you to Montagna Law for helping me feel valued!” — Anita C.

Struggling With Lost Wages After a Car Accident? Take Action Now.

Every day you wait to act on your lost wages is a day you may not get back. If you’ve been forced off the job because of a crash, you need a legal team that will prioritize your recovery and financial future. Montagna Law is here to guide you through the next steps. We help clients throughout Virginia Beach, Norfolk, Chesapeake, Portsmouth, and Suffolk take back control after serious injuries. Our attorneys understand what’s at stake and are ready to build your case with skill and compassion.

Call 757‑622‑8100 today or fill out our contact form to schedule your free consultation. Let us take the burden off your shoulders so you can focus on healing.