At The Gogel Law Firm, our St. Louis personal injury attorney knows that medical expenses are not the only challenge our clients face after being hurt by another person or party’s negligence in Missouri.
Pursuing lost wages and future earning capacity during a personal injury claim is crucial because these damages directly impact our clients’ financial stability and long-term well-being.
Lost wages compensate for the income you’ve already missed due to your injury, while future earning capacity accounts for the diminished ability to work or advance in your career if your injury has lasting effects.
Without pursuing these damages, you may face significant financial hardship, especially if the injury prevents you from returning to your previous job or limits your ability to earn the same income. Including these claims ensures you receive fair compensation to cover current and future financial losses. Here’s how.
Proving Lost Wages and Future Earning Capacity in Missouri Personal Injury Claims
When you’re injured in an accident and unable to work, recovering compensation for lost wages and future earning capacity is essential to a Missouri personal injury claim. Accurately calculating and proving both past and future lost income requires clear documentation and often expert testimony.
That includes:
Proving Lost Wages for Time Already Missed
Lost wages refer to the income you would have earned from the accident date up to the time of recovery.
We must provide evidence demonstrating the income you lost to the injury to claim these damages, which can be accomplished with:
- Doctor’s Notes: You may need a note from your doctor verifying that your injury prevented you from working for the specified period. This provides medical evidence to support your claim for missed time.
- Sick Leave or Vacation Time: If you used vacation or sick leave during your recovery, you may still be entitled to compensation for this time, as it represents lost benefits.
- Employer Verification: Obtain a letter confirming the time you missed from work due to your injury, including any time off for medical appointments or recovery. The letter should outline your usual working hours, pay rate, and job duties.
- Pay Stubs and Tax Returns: Collect your recent pay stubs, tax returns, or W-2 forms to show your regular earnings before the accident. These documents will establish your standard wage or salary.
Proving Future Lost Earning Capacity
Future lost earning capacity refers to the income you may lose if your injury permanently affects your ability to work or if you can no longer perform the same job.
Proving future earning capacity is more complex than proving current lost wages and often requires the following:
- Medical Testimony: A medical expert or treating physician can testify to the severity of your injury and its long-term effects on your physical or mental abilities. This helps establish that your injury will permanently limit your capacity to work.
- Employment History and Skills: Before the accident, you must demonstrate your previous job responsibilities, skill set, and career trajectory. This provides context for how your future earning potential has been impacted.
- Vocational Experts: A vocational expert can testify about how your injury will affect your ability to perform your current job or find future employment in your field. They can evaluate your potential for retraining, career changes, or reduced work hours.
- Economic Experts: An economist or financial expert may be called upon to calculate the projected loss of future income. They will factor in your age, job skills, education, career prospects, and inflation to determine the total amount of future lost earnings.
Once we have gathered the necessary evidence, calculating lost wages and future earning capacity involves specific formulas based on your current salary, work schedule, and potential career growth.
Our experienced personal injury attorney in St. Louis can help gather the necessary documentation, work with expert witnesses, and calculate the compensation you deserve before negotiating with the liable party’s insurance company or representing you in court to ensure you recover fair compensation for your losses.
Contact Our St. Louis Personal Injury Attorney Today
Contact our St. Louis personal injury attorney today to review your case by calling (314)-370-8173 or online to schedule a free consultation. Our commitment is to empower you with the knowledge of your legal rights and options and win your case.
