Can I Sue for Lost Wages in a Personal Injury Case?

Sue for Lost Wages

Yes. In a personal injury case your damages essentially comprise of two components.  General damages which are also called pain and suffering or quality of life damages and special damages. Special damages include your lost wages and loss of future wages or loss of earning capacity.

If you were unable to work due to an injury, you would seek compensation for the time you took off work even if you used your sick or vacation time.

Are lost wages the same as future earnings?

No. Lost wages generally refer to the wages that you have lost to date as a result of the accident.  Any loses that you have not yet realized are categorized as future wages/loss of earning capacity.  Let’s say you were hit by a vehicle and missed four days of work – those four days’ earnings would be considered lost wages. Not to be confused with “lost time”, you cannot recover compensation for lost time alone. On the other hand, if your spouse who is employed and suffers a catastrophic injury that prevent him or her from being gainfully employed, his or her damages will include a loss of future earnings component.

How much can I get paid for lost wages?

These can be determined by looking at your prior payroll records.

Should I mention lost wages to my attorney?

Yes, absolutely. You should not assume the lawyer you retain will automatically seek damages for lost wages. If you’ve been out of work due to your injury, be sure to mention this to your attorney.

Have Questions?

If you located in California and are still unsure about your personal situation feel free to give me a call. Consultations are always free. (213-891-0777)

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