When you have been injured in an accident caused by another party, you have the right under Virginia law to file a claim or lawsuit against the at-fault party for financial compensation for any of the losses the injuries have caused you to sustain. One of those losses that you have the right to be reimbursed for is the lost income you suffered from being unable to work while you recovered.

Lost income can encompass several things, including the lost wages you did not receive during the time you were unable to work, as well as loss of earning capacity if the injuries you suffered from the accident leave you with a long-term or permanent disability that impedes your ability to make the same amount of income you did prior to being injured. You can also pursue lost income damages for any lost opportunities you had while you were recovering, such as a job interview or promotion.

Proving Lost Income

In order to be successful in your claim, your Virginia personal injury attorney will need to show that the accident was the cause of the injury and that injury prevented you from working. This can be done by providing proof of the amount of time you missed from work while recovering and the amount of wages you would have earned during that time if you were able to work.


If you are an employee, your attorney can request a letter from management that confirms your hourly pay rate or salary, the number of hours you typically work per week, and the number of days you missed from work because of your injuries. Your attorney may also want to use the most recent paychecks you received prior to the accident.

Accident victims who are self-employed will need to show how much work they lost as they recovered and how much they could have earned during that time period. Your attorney can discuss with you what type of documentation you will need to provide in order to show the amount of earning you have lost if you are self-employed.

If your injuries have left you with permanent damage that forced you to take a lower-paying position, your attorney may be able to claim the difference between your prior position and current position. If you were unable to return to your prior occupation because the injuries have left you totally disabled, your attorney will calculate your lost earning potential. This is done based on a few factors, including your age, employment history, employment skills, and what your quality of life was before the accident.

Let a Virginia Accident Attorney Advocate for You

If you have suffered injuries in any type of accident caused by another party, contact a Virginia personal injury attorney to find out what legal options you may have. At Shapiro & Appleton, we are dedicated to helping injured clients obtain the compensation they deserve for their medical bills, lost income, and other losses their injuries have caused. Call 757-578-1079 for a free case evaluation.