10.29.2018

Recovering Damages For Lost Wages In A Personal Injury Case

Aside from the complete physical recovery from injuries, the key aspect of any personal injury claim is the amount of damages. Not only may an injured party receive compensation for medical expenses and pain and suffering, but he or she may also recover any lost income including that from lost wages and opportunities. This right to reimbursement applies to all employees whether full-time or part-time, regular or occasional, hourly or salaried, employed by a third-party or self-employed.

Lost income recovery requires that a plaintiff demonstrate two facts:

  • time missed from work because of the accident, and
  • the amount of money that would have been normally earned during the missed time period.

A preferred course of action that plaintiffs may not always consider is to simply obtain a doctor’s note explaining an inability to work, as well as describing the specific limitation that prevents work, the specific fact that an individual is unable to work at all, and the date that the injured party is expected to return to work.

If regularly employed by a third party, gathering wage information about lost income requires contacting the payroll department to determine income. It is important to obtain information showing an individual’s work history, the amount of income earned prior to the accident, and the amount of income not paid following the accident and injury.

If sporadically employed or self-employed, proving lost income is not as easy. This requires producing fewer billing invoices, canceled appointments, and any documentation showing the inability to perform functions, meet commitments and responsibilities, and avail oneself of money-making opportunities. Any past steady employment may provide average monthly or annual income amounts which can be used to base comparisons and determine regularly anticipated income.

Injured plaintiffs may also recover any sick leave or vacation time taken as a result of the injury. Since this sick leave or vacation time could have been taken during another time period, using sick leave or vacation pay has the same effect as losing wages.

If you or a loved one has suffered any type of injury in any type of accident, contact Powell Law at (570) 961-0777. Our decades of experience make us the preferred choice for representation in personal injury and medical malpractice matters in the Scranton/Wilkes-Barre and surrounding areas. Our attorneys, past and present, have represented victims for 112 years. The consultation is FREE and you don’t pay anything unless we win your case. Call today.

Recovering Damages For Lost Wages In A Personal Injury Case

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