Prevailing on a Lost Wages Claim

A lost wages claim is a claim for wages that you were unable to earn because of the defendant’s actions or omissions.  In other words, the defendant’s actions or failure to act in a required way caused you to miss work.  If you were involved in an automobile accident that was another driver’s fault, for example, and missed several days’ work as a result, you could sue the other driver for lost wages because you would not have missed work had it not been for the accident that driver caused. The lost wages claim is in addition to the other claims you might have, including medical expenses and car repairs.

Information to provide for lost wages claim

  • Provide proof of your injuries. This can be in the form of a letter from your treating physician describing your injuries that prevent you from working.
  • Missed time at work. Document the amount of time you missed from work and the wages lost.  This would typically take the form of documentation from your employer substantiating the amount claimed.  If your injury also resulted in long-term loss of wages, you must document your lost earning potential, too.
  • Other documentation. The insurance company might request other documentation, including your medical records and other wage documentation from your employer.
  • Tax returns. If you are self-employed or your salary is commission-based, then the insurance company might require you to provide previous years’ tax returns to substantiate your claim for lost wages.

A claim for lost wages can be part of a larger claim for damages arising from a variety of situations, including automobile accidents, disability or any other incident in which the claimant missed work because of someone else’s fault.  Regardless of the situation, you would have to prove that the defendant’s actions or inactions caused the loss in wages.

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