If you suffer serious injuries in an accident that was caused by someone else, you may be eligible to recover financial compensation for all of your related losses from the at-fault person or party. This includes compensation to reimburse wages you’ve lost, as well as income you will continue to lose due to a long-term or permanent injury.
What Counts as Lost Wages During a Personal Injury Claim?
Lost wages are a form of economic damages available in a California personal injury case if a victim has to take time off work because of the accident and injury. Economic damages reimburse a victim for the financial or monetary losses they suffered. They commonly include medical bills and property damage.
Compensation for lost wages can cover:
- Hourly wages or salary
- Overtime pay
- Self-employment earnings
- Bonuses
- Commissions
- Tips
- Any vacation or sick days used
- Other employment benefits
If you are able to return to work but only at a limited capacity while your injuries heal, you can receive financial compensation for the difference between what you used to make before the accident and what you are able to make now. This can last until you recover enough to return to full capacity.
How Are Lost Wages Calculated in a Personal Injury Claim?
Lost Wages vs. Lost Earning Capacity
When referring to “lost wages” in a personal injury claim, there are actually two subsets of damages that exist under this category. The first is wages lost from the date that the accident takes place until the victim recovers enough to return to work.
The second is “lost earning capacity,” and it refers to future lost wages that will foreseeably occur due to a lasting or permanent injury. If you sustain an injury that will impede your ability to earn a living wage in the coming months, years or for the rest of your life, you qualify for damages for lost capacity to earn.
This damage category encompasses everything you likely would have earned over your lifetime had you not suffered the injury, including daily future wages, promotions, raises, retirement earnings and other employment benefits. It is generally adjusted for inflation over the number of years you would have worked prior to retirement.
How to Prove a Lost Wage Claim
If you lose wages and employment benefits because of an accident and injury that was not your fault, it’s important to know how to seek fair and full financial compensation for this type of loss. Working with an experienced Riverside personal injury lawyer early on can make it easier to calculate and prove your lost wages and earning capacity.
A lawyer can gather evidence and documentation that establishes the earnings you have already lost because of your injury. Then, your lawyer can accurately calculate your lost future capacity to earn using specialists such as medical experts, life care planners, forensic accountants, economists and financial analysts.
A lawyer knows how to demonstrate the long-term impact of your injuries on your wages and employment opportunities. An attorney will also work to maximize your recovery for all other damages, both economic and non-economic (pain and suffering). If you’re curious how much you could get for lost wages as a personal injury plaintiff in California, contact Jacoby & Meyers for a free case consultation.