Many of the personal injury cases our law firm handles involve clients who have missed time from work because of their injuries. In these cases, part of their injury claim may include damages for lost or diminished wages.

If you’ve been injured due to someone else’s negligence and are wondering about the value of your case, don’t hesitate to reach out. At Shapiro, Washburn & Sharp, we can help you assess your claim and guide you through the legal process to ensure you receive the compensation you deserve. Call us today at 833-997-1774 for a free consultation.

What Type of Lost Wages Can Be Claimed?

Lost wages can be a significant part of a personal injury claim. If your injury prevents you from working temporarily or permanently, you are entitled to compensation for the income you would have earned during that time. This includes:

  • Time missed from work: Whether it’s days, weeks, or months, you can claim wages lost due to medical appointments, recovery time, or inability to perform your work duties.
  • Part-time or self-employment losses: If you are a part-time or self-employed worker, lost income can still be calculated using previous earnings, contracts, or tax records.
  • Overtime and bonuses: Lost opportunities for overtime pay, bonuses, or commissions may also be included if you can demonstrate you would have earned them had you not been injured.

What About Future Lost Earnings or Reduced Earning Capacity?

In addition to lost wages, you can claim compensation for future lost earnings and diminished earning capacity. This applies if your injury has long-term effects that prevent you from working at the same level as before. Key considerations include:

  • Future lost wages: If your injury prevents you from returning to work or requires you to work fewer hours, you can seek damages for the income you would have earned in the future.
  • Diminished earning capacity: If your injury affects your ability to perform the same type of work, you may need to take a lower-paying job. For example, if a physical injury prevents you from returning to a labor-intensive job, you can claim the difference in income between your pre- and post-injury positions.
  • Permanent disability: For severe injuries leading to permanent disability, compensation may be calculated for the duration of your working life.

Calculating future losses often involves expert testimony, such as vocational experts or economists, to estimate the impact of your injury on your earning potential.

How Are Lost or Diminished Wages Proven in a Personal Injury Case?

Proving lost or diminished wages requires strong documentation and evidence. Here are common ways to support your claim:

  • Medical records: These documents demonstrate the extent of your injury and its impact on your ability to work.
  • Employer statements: A letter or statement from your employer can confirm your job role, pay rate, and the time you missed due to the injury.
  • Pay stubs and tax records: These provide a clear picture of your income before the accident, helping establish the wages you lost.
  • Self-employment records: If you are self-employed, contracts, invoices, or financial records can show how much income you lost during your recovery.
  • Expert testimony: Vocational experts or economists can calculate future lost earnings or diminished earning capacity based on factors like age, skills, and the severity of your injury.

Thorough documentation is crucial, as the insurance company or opposing party may scrutinize your claim and dispute the amount.

Can Non-Salary Benefits and Other Forms of Compensation Be Included?

Non-salary benefits and additional compensation can also be included in your claim. Injuries often affect more than just your take-home pay. You may be entitled to damages for:

  • Lost benefits: If you lose access to health insurance, retirement contributions, or other employer-sponsored benefits due to your injury, these losses can be included in your claim.
  • Missed promotions or career advancement opportunities: If your injury caused you to miss a promotion, training, or advancement opportunities, you may seek compensation for these losses.
  • Loss of business opportunities: For self-employed individuals, lost contracts or missed opportunities to grow your business may also be included.

These losses may require additional evidence, such as employer policies, benefit statements, or documentation of missed opportunities, to calculate their value accurately.

What Should I Do If I Think I Have a Personal Injury Case?

Lost or diminished wages are a vital part of any personal injury claim. By working with an experienced personal injury lawyer and gathering strong evidence, you can ensure you receive fair compensation for both your past and future losses caused by the injury.

Call 833-997-1774 to schedule a free consultation with one of our dedicated personal injury lawyers. At Shapiro, Washburn & Sharp, we have obtained more than $100 million in settlements and awards for our clients and will work diligently to get you the financial compensation you deserve.