If you’re injured after an accident, chances are you might miss work for at least a few days. After all, your body requires time and space to heal. But what happens if you lose wages due to your injuries – can you claim these back? And if so, how do you calculate lost wages as part of a personal injury settlement?
If you have such questions, don’t worry. Our accident attorneys are here to explain the process. Below, we outline how to recover lost wages in a personal injury claim and what evidence will be helpful.
Do you need a personal injury attorney in California? Tell the May Firm what happened. We’re here to listen and help. Call now to start the claims process.
What Is a Personal Injury Claim?
First, let’s be clear about what a personal injury claim is.
A personal injury claim is a civil lawsuit. You can make a personal injury claim if you’re injured due to someone else’s negligence, and you incur losses.
- If there’s no one at “fault” for the accident, you may be unable to make a claim.
- Similarly, there may not be a claim if you don’t have any losses or mental or physical injuries.
You normally have two years from the accident date to file a personal injury claim in California.
Proving a Personal Injury Claim
To make a personal injury claim, you must prove that:
- Someone owed you a “duty of care”. This is a duty to exercise reasonable care and skill to avoid harming someone. For example, drivers owe each other a duty of care.
- This person breached this duty and acted carelessly. As an example, a driver might speed through a red light.
- You’re hurt in an accident with this individual.
- You wouldn’t be injured were it not for this careless individual’s actions.
Once we’ve established you have a case, we can then consider what losses you might claim.
What Losses Can I Claim in a Personal Injury Case?
You can claim economic and noneconomic losses incurred due to the accident.
- Economic losses: Quantifiable losses, such as medical bills, related expenses, repair bills, and wage loss.
- Noneconomic losses: Losses with no “price tag”, such as pain and suffering, mental harm.
Economic damages, or losses, are fairly easy to value because they have a “paper trail”. Non-economic damages are subjective, but an experienced attorney can value them accurately.
Are Lost Wages Part of a Personal Injury Claim?
To be clear, yes! You can absolutely claim wage loss in a personal injury claim. However, you can’t claim these losses unless:
- You have evidence to prove the lost wages are a result of the accident;
- You did miss time from work; and
- You took reasonable steps to mitigate losses. For example, maybe you couldn’t work full shifts, but you could work half-days.
Does it Matter if I Caused the Accident?
Even if you’re at least partly responsible for an accident, you can still have a wage loss claim in California. However, the value will be reduced based on your degree of fault. So, if you’re, say, 10% responsible, you will lose 10% of the available damages.
Our team can explain how California fault rules may affect your claim.
Can Lost Wages Only Be Claimed in Personal Injury Cases?
Technically, no. If you have a workers’ comp case, you can seek lost wages as part of your claim. These are known as “temporary disability benefits”.
- You’re entitled to two thirds of the pre-tax wages lost due to injury recovery.
- You must file certain paperwork within strict timeframes to claim these losses.
- The payments stop when you’re cleared to return to work, or your injury improves as much as it will do.
You may be eligible for ongoing wage loss support if you have severe or career-ending injuries. We’ll touch on this below.
Calculating Lost Wages in Personal Injury Claims
There are various ways to calculate compensation for lost wages.
The process you use depends on whether you’re claiming as an hourly or salaried employee. There are also additional considerations if you’re claiming future loss of earnings which we’ll cover below.
Hourly Employees
It’s relatively easy to calculate wage loss if you’re paid hourly. Simply add up the missed hours and multiply this number by your hourly rate.
You’ll need to prove that you missed those hours due to the accident, though. Otherwise, the at-fault party can argue that they aren’t responsible for those hours.
Annual Salaried Employees
There are a few ways you might calculate wage loss for annual salaries. The simplest way is to take your annual pay and divide it by how many hours you work per week. Take this figure and multiply it by how many hours you missed due to the accident.
What about extra losses, such as bonuses and overtime? Again, it all comes down to proving the lost sums are due to the accident. Our team can explain how to value financial loss accurately in your given situation.
Future Loss of Earnings
Future loss of earnings is essentially the difference between:
- What you could earn before you were injured; and
- What you can now earn post-injury.
More specifically, you may claim expected future loss of earnings if an injury means that:
- You can’t do the same job as before;
- You’re limited now in how many hours you can work;
- Your chances of promotion or career progression are now damaged; or
- You can’t work at all.
Claiming future loss of earnings may require expert witnesses and more complex evidence. Our accident attorneys can advise what evidence you need for your future wage loss claim.
Independent Contractor Lost Wages in California Personal Injury Cases
If you’re self-employed, you can claim lost income rather than lost wages as part of your lawsuit.
To claim lost income, you must show what you would have earned, had you been able to work. This can be challenging, especially if you’re a freelancer or contractor with variable hours. The evidence you will require includes:
- Prior tax returns
- Client contracts confirming scope of work and payment schedules
- Transaction histories
- Statements from current clients
- Invoice histories
It’s best to hire an accident attorney if you’re claiming lost income as a contractor. Providing an accurate valuation is essential for claiming the damages you deserve.
What Evidence You Need to Claim Lost Wages in Personal Injury Settlements
Personal injury cases are civil lawsuits. Meaning, you require evidence to prove the extent of your losses – including lost wages.
So, what evidence do you need to include lost wages in personal injury claims? The answer varies depending on the job you do and the extent of the wage loss. However, in most cases, you’ll need evidence such as:
- Pay stub(s)
- Letter from your employer confirming lost wages
- Tax returns
- Medical records confirming your injuries and absence from work
In all cases, you must be able to show that the wage loss is a result of the accident and your injuries. Meaning, you wouldn’t have missed work were it not for these injuries. Your attorney can explain what evidence will help you prove your lost wages claim.
Do I Need an Attorney if I Have Lost Wages in a Personal Injury Claim?
The short answer is yes! If you have any losses after an accident, you should consider hiring an attorney.
- Experienced accident attorneys know what losses you can claim. If you don’t get legal advice, you could miss out on compensation.
- An attorney can accurately value losses based on evidence. You may settle for less than you deserve without a thorough evaluation.
- There are time limits for filing any claim. Without an attorney, you may overlook a filing deadline and lose the right to claim.
The May Firm team does not want you to miss out on economic damages. Call now to secure the representation you deserve for your wage loss claim.
Free Consultation with a Personal Injury Lawyer in California
If you’re injured after an accident and unable to work, you need to know your legal rights. You deserve the chance to pursue any financial losses, including lost wages, you may be due. And the May Firm personal injury attorneys are ready to assist however we can.
Returning to work after an injury is stressful enough without worrying about a compensation claim. Let our team handle the legal side of things for you while you focus on moving forward. Rest and recover and we’ll pursue lost wages on your behalf.
Our personal injury attorneys don’t charge anything unless we win your case. And every initial consultation is free. So, there’s no reason to delay calling us! Become part of the May Firm family.
Contact our accident attorneys and pursue the compensation you deserve now.
