A major aspect of many personal injury cases is a claim for lost wages. This is especially true for serious accidents that cause long-lasting or permanent injury. Victims of personal injuries caused by wrongful conduct in Georgia should understand that they have a right to be compensated for any loss of income they suffer as a result of the injuries. This includes both past and future lost income.
Lost wages are a type of special damages, meaning they are quantifiable economic damages. To prevail on a claim for lost income, a plaintiff needs to be able to show with relative certainty the amount that they claim to have lost or will lose. Lost wage claims can be complicated, particularly when lost future income is being claimed.
Proving a Lost Wage Claim
Proving the value of wages that were lost in the past because of an accident is usually fairly simple as long as the plaintiff presents the right evidence. A plaintiff needs to provide (1) evidence of their income prior to the accident, (2) evidence of their income following the accident, and (3) evidence that shows that the injury they sustained prevented them from performing the same job they had prior to the accident. Tax returns, pay stubs, and letters from employers are the most common ways that plaintiffs show their prior income. For self-employed plaintiffs, this can be more difficult. It is important for self-employed plaintiffs to present thorough documentation of past income using personal records and files.
In some cases, it may be necessary for a plaintiff to hire an expert to explain to the court why a certain injury prevents normal work. These types of experts can be occupational therapists, rehabilitation specialists, or doctors. In other cases, if an injury so obviously prevents work, then an expert may not be required.
Wage claims for future lost income are more complicated. Compensation for these claims is based on lost earning potential. For instance, in many cases, a victim may never be able to go back to their old job, but they will be able to work in some other type of job. Testimony from an expert — and perhaps multiple experts — is almost always necessary for these claims. When future lost income is awarded in a personal injury case, a plaintiff will usually receive a lump sum that is intended to be roughly equal to the current fair market value of their lost income potential.
For More Information or to Discuss Your Case, Contact Williams Elleby Howard & Easter, Today
If you have suffered a personal injury due to someone else’s wrongful conduct and you have missed work or income opportunities as a result, you may be entitled to compensation through a lost wages claim. The experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your legal rights and options. Williams Elleby Howard & Easter, is dedicated to getting the best possible outcome for every client.
Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the state of Georgia. Williams Elleby Howard & Easter, offers free case evaluations and accepts cases on a contingency fee basis. To discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.
