What Evidence May Help Prove Lost Income in an Injury Case?

Posted on behalf of Lynch Law Firm on Sep 15, 2021  in Car Accidents News

Empty walletIf you were injured in an accident and you are unable to work, you may be able to recover compensation for your lost wages. If your injuries were severe enough to leave you permanently unable to work at all, you may also be able to pursue compensation for your future lost wages.

Our auto accident lawyers in New Jersey are prepared to discuss the facts of your claim during a free consultation to see what legal options may be available to you when filing a claim for compensation.

Below, we discuss what evidence you may be able to use to prove lost wages after an accident. 

Difference Between Lost Income and Future Earning Capacity

It is important to understand the type of lost income you are pursuing when you file an accident claim, as not all injury victims may be eligible for the same type of lost income.

Injury victims who suffered a temporary disruption in their capability to work may be able to recover compensation for income lost up until the point they start working again. For example, they may only be able to work a few hours a day or a few days a week instead of five days a week for eight hours a day. This includes those who are unable to work at all for days, weeks or months.

However, if you suffer an injury that is serious enough to leave you unable to work any job or limits the type of work that you can do for the foreseeable future, you may be able to pursue compensation for loss of future earning capacity. If not for the injury you would have likely been able to continue on the same career path and had a reasonable expectation of making a certain salary or wage. Compensation for loss of earning capacity seeks to make up for that loss.   

Pursuing compensation for any type of lost income should be done with help from a licensed professional who has experience building car crash cases.

Evidence to Prove Lost Income

Your attorney will need medical evidence and financial information to validate your claim for lost wages and/or loss of earning capacity.  

Medical Opinion

Before gathering financial information to establish the amount of money you have lost due to your inability to work, your lawyer must establish that you are truly unable to work in the same capacity as before.

Your lawyer needs documentation from your doctor explaining how much you can work and why there are limitations being placed on your ability to work.

Financial Information

If you are filing a claim for the income you lost while you could not work, you need to gather past financial information. This may include things such as:

  • W-2
  • Pay stubs
  • Income tax returns
  • Bank statements

Additionally, if you are injured to the point where you are permanently out of work, you need to prove what your future lost earning capacity may be. This can be done by analyzing things such as:

  • Age of the injury victim
  • Type of occupation
  • Predicted future raises or promotions
  • Lost benefits (pension, 401K, health insurance, etc.)

Who Pays Lost Income in New Jersey?

Remember that New Jersey is a no-fault state, which means that most crash victims first file a claim against their personal injury protection (PIP) insurance, which generally covers lost income for injury victims, no matter who caused the crash.

If your PIP coverage runs out before paying for all your lost income, you may be able to also file a claim with the at-fault driver’s liability policy.

Call Us Today

Victims of an accident caused by someone else’s negligence who are left unable to work due to their injuries may be able to recover compensation for past and future lost income with help from a knowledgeable attorney.

Our attorneys have decades of combined experience helping injury victims pursue compensation for damages, including lost wages, and have successfully recovered millions on behalf of our clients.

We offer a free consultation and do not charge you anything while we work on your case. We do not get paid unless we win, so there is no risk to you.

We are prepared to help. Call us today at (800) 518-0508

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