June 20, 2019

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Recovering Lost Income in a Personal Injury Claim

No one wants to stop getting paid for any reason. However, if you’re involved in an accident, you may not have a choice. Your injuries may render you unable to work for some time or even for the rest of your life. This can be devastating not just for you but also all those who depend on your income. You not only have to deal with the trauma of recovering from your injuries but also the worry of no longer having a steady stream of income.

Is Lost Income Recoverable?

Many people file personal injury claims with the aim of obtaining reimbursement for their medical expenses as well as for pain and suffering that resulted from the accident. However, it is also possible to recover lost income.

If you are unable to work or miss time working because you are recovering from your injuries, you can recover the wages you would have earned during that period. This applies whether you were employed full time or part time. It also applies to the self-employed as well as those who are on occasional or regular employment.

Proof of lost wages

If you’ve been unable to work while recovering from your injuries, you can include lost wages as part of your personal injury claim. You will however have to provide documentation to demonstrate that you would have earned this income but for the injuries you suffered.

The documentation you need will include your medical records as well as evidence from your doctor stating that you were not able to work due to the nature and severity of your injuries. You will also need evidence (possibly a letter) from your employer that shows:

  • The number of hours you’ve missed as a result of your injuries
  • The number of hours you would have typically worked during the time of recovery
  • Your salary or wages per hour
  • Your vacation days or sick days while recovering
  • Any compensation that you may have received during the recovery period e.g. commissions, bonuses or promotions.

What about long term injuries?

Some injuries have long term effects. You may not be able to work in future as a result of your injuries. You can also claim compensation for the loss of the ability to earn income in the future.

The following will be considered in such a case:

  • What you were earning before you were injured
  • Your income and nature of employment before the accident
  • Your prospects for advancing at work before the accident
  • The extent to which your injuries will diminish your prospects of earning future income

Having an experienced attorney represent you will simplify the process and ensure that you recover as much as possible from your personal injury claim. Find a San Francisco law firm that can help you now.

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