Personal Injury Damages

Lost Wages in a Personal Injury Case

Injury victims typically expect to receive compensation for their medical bills and property damages. Unfortunately, many of them overlook other forms of available damages. This is why insurers love speaking to victims before they’ve had time to consult with an attorney. 

Lost wages are one of the main types of economic damages available. These damages focus on reimbursing individuals for money lost due to an inability to work. Your job and the severity of your injuries will play a critical role here. 

What Counts as Lost Wages?

Lost wages include any income that an injured person would have earned if they hadn’t suffered harm. This can be more than just what you see on a weekly paycheck. Lost wages can include: 

• Regular hourly or salaried income 
• Overtime pay 
• Bonuses and commissions 
• Vacation or sick days used because of the injury 
• Self-employment income or freelance work 

If not for the negligence or wrongful acts of another party, injury victims would be entitled to all these forms of employment compensation. Compensation for the victim is only possible by reimbursing these losses. 

If the injury results in long-term or permanent disability, future lost earnings may also be taken into consideration. 

How to Prove Lost Income

A lost wages injury claim requires proof. You can’t simply say, “I usually make $4,000 a week, and I was unable to do so for five weeks.” Legitimate documentation is required. Fortunately, this comes in many different forms: 

• Recent pay stubs 
• Employer statements 
• Tax returns 
• Work schedules or timesheets 
• Medical documentation showing the need for time off 

For self-employed individuals, you may also need to provide business records or profit-and-loss statements. A personal injury attorney can help gather and organize all relevant evidence to support your lost wages claim. 

Pain and Suffering Damages

Lost wages and other economic losses are important in any personal injury claim. However, not all injuries are visible. Physical pain, emotional trauma, and diminished quality of life are very real effects of an accident. While you won’t likely have a stack of bills related to these losses, this doesn’t mean you’re not entitled to compensation. 

What Qualifies as Pain and Suffering?

One of the most common questions we hear is, “What is pain and suffering?” This is an excellent question that involves a critical issue in personal injury law. The simplest way to answer it is by discussing the types of harm that fall into this category: 

• Physical pain caused by injuries 
• Emotional distress, including anxiety, depression, or PTSD 
• Loss of enjoyment in hobbies or daily activities 
• Sleep disturbances or other psychological effects 

These damages reflect the impact of a person’s injuries on their overall well-being. Not all harm related to negligent acts can be quantified by looking at a bank account. Pain and suffering damages can ensure you’re fairly compensated as you try to take your life back. 

How Are These Damages Calculated?

Unlike economic damages, there is no fixed formula to calculate pain and suffering damages. The courts or insurance companies may approach this in a variety of ways: 

• Multiplier method: This applies a factor (often 1.5-5) to a person’s total medical expenses. For example, imagine a case in which medical expenses amount to $100,000. Applying a factor of 1.5-5 would result in additional compensation of $150,000 to $500,000 
• Per diem method: This assigns a certain dollar amount to each day a victim is in recovery. For instance, a $2,000 per diem applied to a case where the victim needed 60 days to recover would result in an additional $120,000 in recoverable damages. 

Remember, these numbers are not set in stone. Like all non-economic damages, compensation for pain and suffering can be complex. In addition, extensive documentation will be required. It’s essential to seek legal help during this time. 

Future Medical Expenses

Some injuries require long-term care after a claim is filed. Obviously, someone who will need decades of care can’t wait that long to seek compensation. Fortunately, your personal injury claim can seek damages in the form of anticipated medical needs well into the future. 

Common Types of Future Costs

Understanding the types of costs that fall under future medical expenses can provide a better idea of what you might be entitled to. Such costs may include: 

• Ongoing physical therapy 
• Surgeries or follow-up procedures 
• Medications or injections 
• Medical devices (e.g., braces, wheelchairs, etc.)
• In-home care or rehabilitation services 

Estimating the long-term costs of these services is critical. This is particularly true when an injury victim requires years of recovery or suffers permanent impairment. 

Estimating Ongoing Needs

To estimate an injury victim’s future expenses, attorneys often rely on medical experts, life care planners, and economic analysts. These professionals have experience in assessing the nature of injuries, determining the expected treatment, and predicting the long-term prognosis, as well as the costs involved.

Projecting future costs helps ensure that any settlement negotiation or litigation accounts for the full picture of a person’s losses. The sad reality is that current bills are often just the tip of the iceberg when it comes to losses.

Property Damage vs. Personal Injury

Distinguishing between personal injury and property damage is important in these cases. Property damage covers the cost of repairing or replacing physical items. This could include vehicles, clothing, electronics, or any other item damaged in an incident. 

On the other hand, personal injury damages refer to the physical or emotional harm suffered by an individual. While both are often included in a claim, they are evaluated separately and may involve different insurance coverage or legal standards. 

In incidents where only property damage occurs, the process can be straightforward. An insurer will often provide compensation for any losses you can document. However, the situation can get more complicated if you or a loved one has suffered an injury. That’s why seeking legal help is crucial.

Out-of-Pocket Expenses You Can Claim

In the aftermath of an accident, injury victims typically have expenses that aren’t accounted for in medical bills, and they can quickly add up. Fortunately, it’s often possible to secure reimbursement for these losses as well. 

Common Expenses That Add Up

Clients frequently ask us, “What are out-of-pocket injury expenses?” This can sometimes be a difficult question to answer because many expenses qualify. However, these are the most common expenses that injury victims receive compensation for: 

• Prescription and over-the-counter medications 
• Transportation to medical appointments 
• Rental car costs 
• Medical supplies (e.g., crutches, slings, braces) 
• Childcare during medical visits or recovery 

These seemingly small costs can add up quickly. Remember, you shouldn’t have to pay for anything related to or stemming from your accident. Were it not for the negligence of another party, you would not have faced these expenses. 

Therefore, you should fight to secure every dollar you’re owed. We’re here to help. 

Why They Matter in Settlement Negotiations

Out-of-pocket expenses reveal the hidden costs of an injury. More importantly, they can strengthen your claim. When negotiating a settlement, every receipt tells the full story of how an injury disrupted your life. 

Including these costs ensures that any settlement or court award reflects the true financial burden of what you’ve experienced. When you consider all these expenses, it’s clear that a medical bill or a lost wages injury claim often will not fully reimburse victims for their losses.