How Are Lost Wages Calculated In a Personal Injury Claim?

A serious injury is more than just painful and traumatic; some injuries also cause temporary or permanent disability, resulting in a pile of medical bills and out-of-pocket costs. At the same time, the injury also prevents a return to work, either temporarily or permanently, depending on the severity of the injury. Fortunately, a successful personal injury claim brings more than financial compensation for medical expenses, but also for an injury victim’s lost earnings. But, how does a Chicago personal injury lawyer calculate lost wages?

Determining Total Lost Earnings in a Personal Injury Claim

After a relatively minor, fully recoverable injury, it’s fairly easy to calculate a few days of lost pay. Still, many injuries cause long-term damages, including adverse impacts on earning ability. In these cases, determining the total past and future lost earnings can be challenging. A successful claim for lost wages includes amounts for the following:

• Loss of hourly wages or salary for time already missed from work
• Loss of bonuses and commissions
• Loss of overtime pay
• Accrued vacation time pay, sick leave, or personal leave
• Anticipated future income loss for upcoming surgeries, medical procedures, or rehabilitative therapies, plus recovery time
• Diminished future earning ability if the injury caused permanent partial disability or permanent total disability, impacting earning capacity
• Loss of benefits, such as health insurance and retirement or 401K contributions, if the injury victim is unable to return to work in their previous position or at all

With significant evidence showing the full impacts of the injury on the victim’s earning ability, the at-fault party’s insurance company typically offers a settlement for total lost earnings. It takes an experienced Chicago personal injury lawyer to carefully calculate lost earnings by examining evidence and then presenting their findings to the insurance company before strongly negotiating for the highest possible settlement.

What Evidence Supports a Claim for Lost Wages?

A personal injury attorney works with the injury victim and their employer to arrive at a total amount for lost earnings and benefits, as well as compensation for future income loss. They also consult with medical experts for testimonial evidence of the medical impacts of the injury and its effect on earning ability. Common evidence used to calculate lost wages in a personal injury claim includes the following:

• Employer statements
• Tax forms for the past three years before the injury
• Pay stubs or an invoice showing direct deposits for the past year before the injury
• Medical expert testimony detailing the severity and consequences of the injury
• Expert witness testimony from vocational experts who describe the effects of the injury on the injury victim’s current and future earning capacity
• Testimony from economic experts showing the impact of the injury on the injury victim’s career trajectory and their total future losses based on the change in their career path due to the injury

In some cases, employers may provide testimonial evidence describing the injury victim’s everyday work tasks and the impact of the injury on the employee’s ability to perform their required job duties.

Obtaining the full compensation an injury victim deserves isn’t always an easy task and requires an experienced personal injury lawyer with access to crucial resources, such as medical, economic, and vocational experts, to make a compelling case. Reach out to our team at Smith LaCien Trial Lawyers PLLC today if you need legal assistance.