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Determining Lost Wages in a Personal Injury Claim

By Alpert Schreyer on July 30, 2018

If you’ve been injured as the result of someone’s negligence, you may be able to seek compensation for your damages. Included in these damages is any money you lost because an injury forced you to remain out of work for a period of time. This is known as lost wages.

Past Lost Wages

When you’ve been injured, you might miss work because of surgeries, hospitalizations, and medical treatments. You might also miss work due to follow-up doctor’s appointments.  Missed days of work can cause serious financial difficulties for some accident victims.

To prove lost wages, there must be evidence that you missed work as a direct result of your injury. This can be proven with medical records. Copies of pay stubs and income tax documents are necessary to show the amount of the wages lost.

Future Lost Wages

You may have sustained a serious injury that will impact your ability to work in the future. In that case, you may be able to recover for future lost wages. Future lost wages are calculated as a loss of income based on what you would actually lose in the future. To prove future lost wages, you must prove that the injury is permanent and that there is a reasonable probability of further loss.

A serious injury can have a lasting impact on your physical and mental capacity to earn wages in the future. Diminished earning capacity is a loss of future earnings due to a salary reduction or a shortened lifespan. Your salary could be reduced because now, for example, you’re only capable of working part-time. You could recover future lost wages based on the difference between what you earned before the accident and what you’re capable of earning in the future.

Proving diminished earning capacity will usually involve the use of experts who will analyze your situation and issue an opinion on what they think you would have made if your injury had not altered circumstances. The necessary evidence may include:

  • Medical expert opinions on whether a full recovery from your injury is possible and if not, an idea of what your capabilities and limitations might be
  • Evidence of how your injuries might affect your ability to perform your job
  • Financial expert opinion comparing what your income could have been if you were not injured and what you could reasonably expect to earn post-injury.

Contact an Experienced Maryland Personal Injury Attorney

If you’ve lost wages due to an injury caused by someone’s negligence, you need the assistance of an experienced attorney. The attorneys at Alpert Schreyer, LP, have over 30 years of experience in personal injury cases and will evaluate your case for free. Contact us online or call us at 1-844-MDCRASH to schedule your free consultation.

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Alpert Schreyer, LLC Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This web site is not intended to solicit clients for matters outside of the state of Maryland.

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Date published: 09/06/2018
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