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Determining Lost Wages in a Personal Injury Claim

Submitted by amm on

When you’re injured due to someone else’s negligence, you might assume that you’re entitled to receive compensation just for your medical bills. However, there are other damages an individual may be able to claim. This includes lost wages while you recover from your injuries.

How to Calculate Lost Wages

Before you file your PI claim you should calculate the amount you have lost in wages so that you can submit the information with your claim. If you are paid by the hour take the amount of your hourly wage and multiply it by the number of hours you missed due to the accident.

For example, if your wage is $20 per hour and you have missed 30 hours of work you can claim $20 x 30 in personal injury claim lost wages. The amount you could then expect to receive would be $600.

If you are paid an annual salary, take your yearly salary and divide it by 2080 (number of weekday work hours in a year), then multiply by the number of hours you missed due to your injuries. If you have lost 30 hours of work and your salary is $50,000 per year the amount you are owed is 50,000 /2080 = $24 x 30 = $720.

If you usually work overtime you should get these additional payments included in your personal injury claim for lost wages. You will need proof that you normally work overtime.

How to Prove You Lost Wages

First you will need to collect documents that support your claim that your injuries have prevented you from returning to work. These could include the following:

  • your doctor’s report with a diagnosis and expected recovery time;
  • proof of medical treatment.

To be sure you get your lost wages included in your PI claim you should ask your employer for copies of your recent checks or pay stubs that show the wages that you earned before you were injured. This should include any overtime you usually do and the amount you were paid. These documents provide the information needed to support your PI claim.

A personal injury lawyer can help you through each step of the legal process for claiming lost wages in your personal injury claim. Without this help you cannot expect to get the full amount of your PI claim. A lawyer knows the laws and will make sure you receive the correct amount for your PI claim. What is most important is that your PI lawyer will know your state’s statute of limitation for PI claims. If your claim is filed after the deadline it is unlikely your PI claim will be approved. Your lawyer will make sure your PI claim is filed well before the deadline set by your state.

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