This is What You Need to Prove Loss of Earnings in a Personal Injury Case

If you are the victim of an accident in which another person was negligent or otherwise at fault, then you may have grounds to sue for compensation for your damages. Damages include real damages such as property damage as well as noneconomic damages such as pain and suffering. You may also be entitled to recoup money you lost by not being able to work. Read on to learn more and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you would like a free legal consultation.

You May Be Entitled to All Lost Earnings Caused by the Accident

There are a few different ways you may lose earnings as a result of your car accident or other accident. It would include the initial time off you missed due to the accident itself and your immediate recovery. It would also cover any subsequent time you missed due to ongoing doctor’s appointments related to the injury. If you return to work and find that you cannot perform your duties as you once did, then you may be covered by loss of future earnings as well.

You Can Be Compensated for Lost Earnings Even if Your Used Sick or PTO Time

One common misconception is that if you use paid time off from your employer, then you are not entitled to recoup these costs. This is false. If your employer pays you through your PTO or vacation time, then you are being forced to use up a benefit you would otherwise have had at your disposal.

You Need Medical Documentation to Authorize Your Time Off from Work

You cannot simply skip work and then sue for lost wages. You are only entitled to damages for time missed from work if the time was authorized by a medical professional. That said, there is room to argue that your are entitled to a reasonable time off.

For example, if you were injured and took two days off of work, we could likely argue that this was a reasonable amount of time to take off and you would not necessarily need documentation from your employer for your personal injury case. On the other hand, if you cannot work for six weeks then that will need to be documented. No matter how short your time off is, it is always better to have documentation when possible.

You Need Financial Documents Showing Your Pattern of Earnings

You need to be able to document your earnings before the accident happened. You should be able to show your rate of pay as well as the normal amount of hours worked. If you are a salaried or hourly employee, this is likely fairly easy to do. If you are self-employed, it can be more challenging but we have experience in finding creative solutions. For example, a tax return from the previous year will likely work.