The term “damages” in a personal injury case consists of the total compensation owed to the injured person.
Every personal injury case includes damages for medical expenses and pain and suffering caused by the person’s injuries.
But it’s important to evaluate whether the injured person has suffered lost income damages as well. Lost income damages can include both past and future lost income when a person is unable to work because of injuries.
Past lost income claims can be easy to calculate. For example, if you are an employee earning $500 each week and missed three weeks of work due to injuries, your past lost income claim is $1,500. Past lost income claims can also be very complicated. Sometimes earnings can vary from week to week because a person works overtime, works multiple jobs with an inconsistent schedule, or is self-employed. In other cases, a person can lose an opportunity to earn income, such as a self-employed contractor who loses a big contract. In the more complicated cases, the key is to document and explain exactly how the past lost income claim is calculated. We do this with paystubs, W2’s, tax returns, contracts, letters, and any other records to help show the loss of income.
Future loss of income, sometimes called lost earning capacity, is another type of lost wages. To show these types of losses, we obtain a medical opinion that the injured person will be unable to perform his or her job in the future, and then if necessary we work with an economist to calculate the future loss of income to the injured person.
We can help. We have offices in Burlington and Essex Junction, VT., and are ready to assist you. If you’ve been injured please contact me for a free consultation. Call 802-863-1191 and ask for Adam or email me by clicking here or use the contact form below.