Can I Recover Lost Wages in My Personal injury Settlement?
When an individual is injured in an automobile accident, or injured at the hands of another through an act of negligence, the law permits that person to recovery economic and non-economic losses. As Attorney Eric T. Kirk will tell you.
If the individual must lose time at work, do to their injuries, they may recover their lost wages from the at-fault party’s insurance company.
The recovery of past lost wages-considered a form of economic loss- in some personal injury claims amounts to little more than mathematics. The average weekly hours a person works before their accident, multiplied buy their hourly wage, multiplied by the amount of time missed. They calculation might be even more straight forward for salaried individuals.It might be a little more complicated where an hourly employee earns overtime, or is paid a differential.
But what about someone who works on commissions, or earns tips? While it would seem fair to say that a the past year’s income should be considered as evidence of what that person would make now? But, remember damages, of which lost wages are a component, must be proven with certainty in a personal injury case.
What about a real estate salesperson who earned a huge commission on a once in a lifetime multimillion dollar property 6 months ago. Is that a fair reflection of what they were likely to make because of their injury. It cuts both ways. What about a pharmaceutical representative who had not closed a single account in 6 months. Was that dry spell a fair indicator of what they would earn, but for their injury? The arguments made to insurance adjusters, judge or juries sometime have to get creative, and detailed. If you’ve lost substantial time due to an injury, you should consult with an experienced personal injury attorney to examine the best methods to argue, and ultimately prove, your lost wage claim.
I invite all potential clients to participate in a no-cost analysis and strategy conference. Contact me today to arrange a time to meet. 410 591 2835, or simply complete the form on this page.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
