Lost Income and Your Earning Capacity

Our St. Louis Car Accident Lawyers can help you recover lost income resulting from an automobile accident.

lost income and earning capacity st. louis car accident lawyerMost people have heard the term “lost income” which means that an amount of money that the claimant either has not received or will not receive as a result of injured status in an incident. These can be the lost past or future earnings. Lost past earnings include money lost up to the time of a trial. The term is also used to refer to the claimant’s ability to suffer as a result of a reduced ability to make money, or a diminished earning power. The lost refers to future issues as opposed to the past. In some cases, this is also known as “general damages” while in others it may be superseded under its very own category.

These injuries can be demonstrated as physical injuries, emotional, psychological, temporary disabling or permanently disabling. All of these losses have to be proved as outlined in the standards that are imposed by certain jurisdictions. An adult or child may be able to recover lost wages due to a disability, but in most cases this will adhere to an adult. Lost income may include salary, vacation pay, sick pay, health insurance, and other benefits like loss of the company car, profits from the performance of a contract and more.

Proving you loss typically begins with listing your job duties. Your supervisor may be able to provide you with such a list. The following details are important.

  • Identification of the supervisor of the victim
  • The claimants job title and description of duties
  • The date that the victim began their job
  • Whether the job is full time or part time
  • The rate of pay
  • The dates that have been taken off
  • Confirmation that the reason for dates taken off was because of an injury
  • The date that the victim returned to their job
  • Whether or not the job performance was the same after the injury
  •   Copies of official records of the business and confirmations of this.

It can be hard for the non-wage earner to prove the amount of any loss. This might include store owners, actresses, real estate brokers, and doctors. These people often have fluctuating incomes and it is less certain than that of a wage earner. Because there are so many kinds of non-wage earners there are still ways to prove the income. But, they are few and far between.

Real estate brokers would have to produce a listing, a letter agreement with another broker splitting a commission because of the brokers’ inability to show the property as a result of the injury and a report of payment to the other broker.

The proof of loss of earning capacity can be hard, especially for a child. The nature and extent of the injury can be proven by the physicians and surgeons. Then from there the nature, degree, psychology, and other effects can be argued.

Because each case is unique, it is important to speak with an experienced St. Louis car accident lawyer soon after an automobile accident. You attorney can help you gather the information necessary to build a strong case and recover the full compensation you are entitled to under Missouri law.

Call (314) 361-4242 or fill out the contact form on the right to speak with a St. Louis Car Accident Lawyer!


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