How do You Determine Lost Wages in a Personal Injury Claim?

How do You Determine Lost Wages in a Personal Injury Claim

If you’ve been injured as the result of someone’s negligence or other actions, you may be entitled to recover damages. Part of these damages may be any wages you lost as the result of your injury. If you were forced to miss work as a result of your injury, you might be entitled to recover lost wages.

Lost Wages From the Past

If you’ve lost wages from before you filed a claim, calculating the amount of wages is a pretty straightforward matter. You may have missed work as a result of medical appointments and treatment. You may also have been unable to perform your job because of the injuries you sustained. Missing work can result in financial difficulties, and if your injury was caused by someone else’s actions, you could probably recover these lost wages.

In order to recover lost wages, you must be able to prove that you missed work as a result of your injuries. This can typically be demonstrated through medical records. The amount of wages lost can be proven through pay stubs and tax documents.

Lost Wages in the Future

If you have a serious injury, there is a chance that it can impact your ability to work in the future. You may lose wages for a period of time in the future, or even permanently. Future lost wages are usually calculated by determining what you would have earned if you had not been injured. To prove lost wages in the future, you must establish that your injuries will cause you to miss work for a period of time, or that you have permanent injuries that will have a major impact on your ability to work. There must be some reasonable probability of future lost earnings.

Diminished earning capacity means that there has been some impairment on your ability to work, or a salary reduction based on your abilities. You may now have to work a different type of job that pays less or only be capable of working on a part-time basis. There is a chance you could recover the difference between what you were capable of earning before the injury and what you can earn after the injury.

Proving diminished capacity may require the evidence of experts. These experts can analyze your injury and work situation and determine what they believe to be the difference in your wages. In determining diminished capacity, important evidence must be examined, including:

  • The opinions of medical experts about your injury and the likelihood that you can do the work you once did
  • Testimony about what your current capabilities and limitations are
  • Evidence about how your injuries affect your ability to perform the job you previously held
  • Financial expert opinion comparing what you earned before the injury to what you are capable of earning in the future.

Contact a Personal Injury Attorney

If you’ve been injured as the result of someone’s negligence, you should have an experienced personal injury attorney evaluate your case for free. For over 20 years, Gregg Goldfarb has been helping the injured. Contact us online or call us at 305-374-7000 to schedule a free consultation.

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