The Trial Lawyer's Journal

TLJ Small Logo
Close
Group 39053677

Share Your Story with Trial Lawyer’s Journal

Trial Lawyer’s Journal is built on the voices of trial lawyers like you. Share your journey, insights, and experiences through articles, interviews, and our podcast, Celebrating Justice.

Stay Updated

Sign up for our newsletter to get the latest from TLJ.



    What are Lost Wages?

    Lost wages refer to the income an individual is unable to earn due to an injury, illness, or other circumstances that prevent them from working. This financial loss can be temporary or permanent and is commonly claimed in personal injury cases to compensate for lost earnings during recovery.

    Key Points About Lost Wages:

    • Compensates for income lost due to inability to work after an injury.
    • Can include past lost wages (time already missed) and future lost earnings (expected future income loss).
    • Often requires proof of employment, pay stubs, or tax returns to support the claim.
    • May cover additional financial losses, such as lost bonuses, commissions, or benefits.

    How are lost wages calculated?

    Lost wages are typically calculated based on the individual’s regular income, taking into account factors such as hourly wages, salary, or self-employment earnings. In some cases, financial experts may be needed to estimate future losses.

    Factors considered in lost wages calculations:

    • Hourly or salary rate: Based on current earnings at the time of injury.
    • Number of missed workdays: Verified by employer documentation.
    • Lost benefits and bonuses: Includes commissions, overtime pay, and paid time off.
    • Future earning potential: Assessed in cases of long-term or permanent disability.

    What evidence is needed to prove lost wages?

    To successfully claim lost wages, the injured party must provide clear documentation proving their inability to work and the resulting financial losses.

    Common evidence includes:

    • Pay stubs and tax returns to show past earnings.
    • Employer statements verifying missed work and income.
    • Medical records proving the injury prevented work.
    • Expert testimony for self-employed individuals or those with variable income.

    Can self-employed individuals claim lost wages?

    Yes, self-employed individuals can claim lost wages, but proving income loss may be more complex. Instead of pay stubs, they may need to provide business records, tax returns, or client invoices to demonstrate their earnings before and after the injury.

    Key documentation for self-employed claims:

    • Previous tax returns and financial statements.
    • Client contracts or invoices showing lost opportunities.
    • Bank statements reflecting income trends before the injury.
    • Expert analysis for projected income losses.

    Conclusion

    Lost wages compensation is essential in personal injury claims, helping injured individuals recover financial stability while they heal. Proper documentation and expert support can strengthen a claim and ensure fair compensation for both past and future earnings.

    What are lost wages?

    Lost wages refer to the income a person is unable to earn due to an injury, illness, or other circumstances that prevent them from working. This financial loss can be temporary or permanent and is often included in personal injury claims to compensate for missed earnings during recovery. Lost wages may cover past earnings, future income loss, and lost benefits such as bonuses and commissions.

    Lost wages are calculated based on the individual’s regular income and the amount of time they were unable to work. Factors considered include:

    • Hourly or salary rate at the time of the injury.
    • Number of missed workdays, verified by an employer.
    • Lost bonuses, commissions, and benefits such as overtime or paid time off.

    Future lost earnings in cases of long-term or permanent disability.
    Financial experts may be required to estimate future earnings loss for severe injuries.

    To successfully claim lost wages, an injured party must provide clear documentation proving their inability to work and the financial losses incurred. Common evidence includes:

    • Pay stubs and tax returns to show past income.
    • Employer verification letters confirming missed work.
    • Medical records proving the injury prevented employment.

    Expert testimony for complex cases, such as self-employed individuals.

    Yes, self-employed individuals can claim lost wages, but proving income loss is more complex. Instead of pay stubs, they may need to provide:

    • Tax returns and financial statements from prior years.
    • Client contracts or invoices showing lost work opportunities.
    • Bank statements reflecting pre-injury income trends.
    • Expert analysis for projected income losses.
      Proper documentation is crucial to securing fair compensation for self-employed claimants.

    Featured Articles

    Explore our Contributors

    Steven R. Young

    Trial Lawyer

    Law Offices of Steven R. Young

    Brewster Rawls

    Founder

    The Rawls Law Group

    Michael Abdan

    Partner

    CloudLex

    Chad Sands

    VP, Markeitng & Editor

    CloudLex, Trial Lawyer's Journal

    Michael Harris

    Partner

    Jordan Law

    Daniel Kaufman

    Artist

    Daniel Kaufman Artist

    Hunter J. Shkolnik

    Partner

    Napoli Shkolnik

    Stacy Brown Randall

    Author and Referral Coach

    Stacy Brown Randall

    Discover Next

    Insights from Experts

    Learn from industry experts about key cases, the business of law, and more insights that shape the future of trial law.

    Author