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How Is Future Lost Income Assessed in a Personal Injury Claim?

Posted on behalf of Arnold Law Firm in
man-wheelchair-panel-brick-wallIf you were injured because of someone else’s negligence, you may be able to pursue compensation for damages you suffered, including past, current and future expenses. Your lost income may be a significant portion of your damage claim, but it can be difficult to calculate how much this may be worth. A Sacramento personal injury attorney from the Arnold Law Firm can explain these types of damages. Schedule a free legal consultation to learn more about how we may be able to assist you with an injury claim.

Lost Wages vs. Future Lost Income

Lost wage compensation may apply if you missed time from work to receive medical treatment or to recover. Likewise, if you had to use your sick days or vacation leave because of your injury, you may be able to receive compensation. Future lost income compensation is for the difference between your expected earning capacity before the accident and what it may be after the accident. If the accident is severe, injuries may cause permanent disability that results in being unable to work at all. In other situations, injury victims may be able to work, but they may need to work in a different position or field and may receive less pay than before.

How Are Calculations Determined?

It can be very difficult to calculate the value of future lost wages. Attorneys often hire economic or vocational experts to help them determine the long-term financial impact of an injury. Some of the factors that may be considered include:
  • Work history
  • Current rate of pay
  • Current profession
  • Your industry
  • Current market values and rates of wages
  • Location
  • Your education
  • History of your promotions, raises and job changes
  • Your marketable skills
  • Transferability of your job skills

Evidence to Review

Evidence that can help your attorney establish the value of your future lost income may include:
  • Medical records – Your medical records can detail what types of medical treatment you received, the side effects of medication, and your need for ongoing care. Additionally, your medical records can indicate your current abilities and limitations and how they may impact your potential income.
  • Employment records – Your current employment contract, salary, benefits, and history of raises and reviews can help your lawyer determine your future projected income.
  • Lost business opportunities – If you are self-employed or a portion of your income depended on commissions, the value of lost business opportunities can also be considered.
  • Analysis of your employment history – An expert can consider your current work duties and skills.

Contact the Arnold Law Firm to Discuss Your Claim

If you have a valid claim, we are prepared to work closely with you to determine your projected losses and fight to recover maximum compensation on your behalf.

Contact us today at (916) 777-7777 or fill out our free online form to discuss your case with a knowledgeable injury lawyer who can evaluate the potential value of your claim.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.