After a car accident, your car accident attorney will calculate the damages. These damages are then requested in the injury lawsuit. While lost wages and potential future earnings are often included, the situation regarding your injury does come into play.
Lost wages are requested when you have taken time away from work (due to the injury) as well as the time away from work during the trial. If your injuries are more extensive, future wages could be added to the bill.
But, there are several factors that determine when you can request lost wages as well as future wages (also known as your earning capacity).
Requesting Compensation for Lost Wages
Lost wages are considered a special damage category. This category includes all out-of-pocket expenses you incurred due to your injury. Special damages often have a clear monetary amount. After all, you can calculate how much money you didn’t make while you were away from work.
You can request lost wages through your attorney by proving that the injury minimized how often you were at work, took away from your sick leave, vacation time, and so on as applicable.
Requesting Loss of Future Wages
Requesting compensation for the loss of future wages is more difficult than lost wages. When an injury results in you being unable to work or you will be working less than you had in the past, you may request earning capacity damages.
Your future earning capacity amount, however, is harder to calculate. The court will first take a look at past earnings. Then, they will consider your age, life expectancy, and your occupation or skill. If you can prove that you were injured in a car accident and you are permanently disabled, then the courts will then determine how much money you would have made up until your retirement age.
If you are only partially disabled, then the courts will then consider how much you can earn on minimal hours or if you’re forced to change jobs.
It is Best to Consult an Attorney
Requesting lost wages requires the assistance of a personal injury attorney. If you have been injured in a car accident, then your attorney can determine the amount of wages you can seek for compensation, and the likelihood your claim will be approved by the courts.