How You Can Recover Lost Wages in a Personal Injury Lawsuit
A Sacramento resident who suffers a personal injury by a negligent party or entity may be entitled to claim compensatory damages, including lost wages. This also includes the cost of all of their medical expenses and the recovery of damages for their pain and suffering.
Recovery of Lost Wages
Accidents often result in serious injuries from broken bones to more serious trauma such as spinal cord damage and traumatic brain injuries. After a hospital stay, the individual may still require at-home care or be unable to work. By proving that the injured person lost wages as a result of the accident, they can recover those monies with the help of an experienced personal injury lawyer. In some cases, lost wages can be recovered through an insurance claim from the at-fault party. In others, the case has to be taken to civil court to recover the damages or through uninsured/underinsured motorist coverage.
How Lost Wages are Proven
Documentation is necessary to prove that the injured person lost wages while they were recovering from their accident injury. Proof can be supplied in the following ways:
- Bank statements and copies of the latest tax return are proof. These can be used by those with direct employers and by independent contractors and those who are self-employed
- A letter from the injured person’s employer on letterhead is accepted. The letter must include a statement of the missing wages because the individual wasn’t able to work.
- Evidence of earnings in the past, such as pay stubs, is acceptable proof.
- For the self-employed, customer letters confirm that you were not working or would have been except for the injury.
- For those who suffer a permanent or long-lasting injury, employing expert witnesses is a good idea. These experts can prove that your earning capacity has diminished and that your future wages will be lost.
Recoverable Lost Wages
The wages that can be recovered depend on the severity of the injury and recuperation. It also depends on whether the person will be able to return to their job or can only do so in a diminished capacity.
Lost wages up to the current date: If an individual cannot work because of injury or a physician’s orders, they can recover the monies they have lost up to that date. It is a good idea to have a note from the doctor that excuses you. In addition, keep a record of appointments so the injury is correctly documented.
- Lost wages in the future: Traumatic injuries such as a TBI, severe burns and others can prevent some from returning to work at all. Expert witnesses such as medical professionals may be needed to testify to the patient’s condition and ongoing medical problems. Families with a wrongful death claim may also recover the lost future wages of their loved ones.
- Diminished earnings: Some people cannot continue with the job they held before and might have to take a lesser position, which can affect their wages. Others may only be able to work part-time. The future loss of earnings can be figured into the settlement.
Personal Injury Lawyer in Sacramento
I’m Ed Smith, a Sacramento personal injury lawyer. Being able to collect the damages you are entitled to legally is important. A seasoned lawyer with experience and the resources to do that can help. For my free and friendly advice, give me a call at (916) 921-6400 in the Sacramento area or (800) 404-5400 from elsewhere. I can also be reached by completing the convenient online form.
I’m honored to have helped Sacramento residents, along with other Northern Californians, to get compensation for their injuries caused by accidents since 1982. I handle a variety of cases, including wrongful deaths, traumas and any type of traffic collision.
Having information about a law office is important and can help someone who has suffered a personal injury decide whom to call for advice. For this reason, I have included the links below to reviews by my former clients and cases that my firm has handled:
The Million Dollar Forum and Top 1 Percent are two groups I belong to as a California personal injury attorney.
Photo Attribution: https://pixabay.com/photos/lawyers-personal-injury-accident-1000803/
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