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Lost Wages

Updated: Aug 2


A serious injury lawyer discusses lost wages with a client, reviewing pay stubs and documents together in a quiet, professional office setting.

Getting hurt in an accident can mess up more than just your body. It can mess up your money too. When someone is seriously injured and can’t work, they don’t get paid like they used to. That missing income is what lawyers call “lost wages.”


Lost wages are one of the main things serious injury lawyers help their clients recover. If someone else caused your injury—like in a car crash, a fall, or another accident—you might be able to get that lost money back. In this article, we’ll break it down in a simple way so you understand what lost wages are, how they’re calculated, and how a lawyer can help you get paid.


What Are Lost Wages?

Lost wages are the money you would’ve earned if you hadn’t been injured. If you can’t go to work because you’re hurt, you lose paychecks. That money is considered a loss, and if your injury wasn’t your fault, you shouldn’t have to deal with that loss alone.


Some people only miss a few days of work. Others are out for weeks, months, or even longer. Some can’t go back to their old jobs at all. Every case is different, but the idea is the same: if you can’t earn money because of an injury caused by someone else, the law says you may be able to get that money back.


How Lost Wages Add Up

When you get hurt, things add up quickly. First, there’s time missed for doctor visits. Then there’s recovery time. If you had surgery or a bad injury, you might not be able to walk, drive, or even sit at a desk for hours. All of that affects your job.

Here’s how lost wages can stack up:

  • Hours or days you missed right after the injury

  • Time off for medical appointments

  • Time needed to recover from surgery or physical therapy

  • Sick days or vacation time you had to use

  • Being placed on light duty with fewer hours or lower pay

  • Losing your job because of the injury

You didn’t choose to be injured, and you didn’t choose to stop working. That’s why the law lets you ask for help when someone else caused the accident.


A serious injury attorney sits with a client in an office, pointing to documents while explaining lost wages from missed work after an accident.

What If You Work Part-Time or Hourly?

It doesn’t matter if you’re a full-time employee, part-time, hourly, or even self-employed. Lost wages are lost wages. If you normally work and get paid, and now you can’t because of your injury, that still counts.


If you work different hours each week, your lawyer can use pay stubs or tax records to figure out your average income. For example, if you made around $400 a week before the injury, and you missed six weeks, then your lost wages would be around $2,400.

The important part is showing what you normally earned and proving that you missed that work because of the injury.


What If You Have a Salary Job?

If you’re on salary, it might seem like you're still getting paid—but maybe you're using up vacation time or sick days to do it. That still counts as a loss. If you had to use up benefits that you earned just to recover from an injury someone else caused, you can include that in your claim.


And if you miss bonuses, commissions, or chances to earn extra pay, those losses might also count. A lawyer can help you figure all of that out.


Future Lost Wages

Some injuries don’t just take you out of work for a few days. They can change your life. You might not be able to do the same job ever again. Or maybe you can go back to work, but not full time. That’s where future lost wages come in.

Future lost wages mean the money you would’ve made if you hadn’t been hurt. This is sometimes called “loss of earning capacity.”


Let’s say you worked construction, and now you can’t lift heavy tools. You might have to take a lower-paying job or stop working completely. A serious injury lawyer will work with doctors and financial experts to figure out how much income you’ll lose over time and include that in your case.


Proving Lost Wages

To get paid back for lost wages, you have to prove a few things. This is where a serious injury lawyer can really help. They gather the right paperwork and explain everything clearly, so the insurance company—or the court—takes your claim seriously.

Here’s the kind of stuff that helps prove lost wages:

  • Pay stubs – Show what you were making before the injury

  • Tax returns – Help prove your income over time, especially if you’re self-employed

  • Doctor’s notes – Show you weren’t able to work because of the injury

  • Employer letters – Confirm you missed work and how much time you were out

  • Work schedules – Prove the shifts you missed

The more proof you have, the stronger your case. A lawyer helps you gather everything and puts it together in a way that makes sense.


Self-Employed? You Still Have Rights

If you own your own business or work as a freelancer, it might be harder to prove lost wages—but it’s definitely possible. You still deserve to get paid back for the time you couldn’t work.

You might use things like:

  • Client invoices

  • Bank statements

  • Contracts

  • Emails or messages from clients you had to cancel

  • Past tax returns

Self-employed people can also ask for future income losses if the injury affects how much they can earn going forward.


Lost Benefits Count Too

It’s not just about your paycheck. You might also miss out on other benefits, like:

  • Health insurance from work

  • Retirement contributions

  • Bonuses

  • Paid time off

  • Job promotions

If your injury caused you to miss out on these things, they can be added to your lost wage claim. A lawyer will look at your whole situation, not just your paycheck, to figure out what you’ve really lost.


A serious injury lawyer and a client review documents related to lost wages, discussing missed work and income in a calm, professional office settin

How Lawyers Calculate Lost Wages

Serious injury lawyers work with experts to make sure every dollar is counted. They look at:

  • Your job history

  • How much you earned before the injury

  • What your doctor says about your recovery

  • Whether you can work the same job again

  • How long your recovery will take

  • If you’ll need future training or job changes

In some cases, lawyers bring in vocational experts. These are people who study jobs and how much they pay. They help figure out what kind of work you can do now—and how much less money you might make because of the injury.


What If the Insurance Company Says No?

Insurance companies don’t always want to pay. They might say your injury isn’t that bad or that you waited too long to see a doctor. Sometimes, they’ll offer you a small amount and hope you’ll take it.


This is where a lawyer makes a big difference. Serious injury lawyers know how to fight back. They collect the proof, argue your case, and push the insurance company to do what’s right.

If the insurance company still won’t budge, your lawyer can take the case to court and let a judge or jury decide.


Taking It to Court

Going to court isn’t always fun, but sometimes it’s necessary. If your lawyer believes you’re not being treated fairly, they may file a lawsuit. This doesn’t mean you’re guaranteed a trial—many cases settle before it gets that far. But filing the lawsuit shows you’re serious.

In court, your lawyer will present:

  • Medical records

  • Proof of lost work

  • Expert testimony

  • Your personal story

They’ll fight to make sure your voice is heard and that you get the money you deserve.


How Long Do You Have to File?

There’s usually a time limit for filing a lawsuit. This is called the statute of limitations. In most places, you have about two years from the date of the injury to take legal action. But this can vary depending on your state or the type of case.


Waiting too long can hurt your case. That’s why it’s a good idea to talk to a lawyer as soon as possible. They’ll help you understand your rights and make sure everything is filed on time.


Can You Afford a Lawyer?

Most serious injury lawyers don’t charge anything up front. They work on a contingency fee, which means they only get paid if you win your case or reach a settlement.

Their fee is usually a percentage of what you get—often 30% to 40%. This way, you don’t have to worry about paying legal bills while you’re already missing paychecks.


Final Thoughts

Lost wages can cause a lot of stress. If you’re hurt and can’t work, the bills don’t stop just because you’re healing. Rent, groceries, and everyday expenses still need to be paid.

The good news is that you don’t have to go through it alone. A serious injury lawyer can help you get back the money you’ve lost—and maybe even protect your future earnings too.


If someone else caused your injury, you have the right to ask for help. Don’t let the insurance company decide what you’re worth. Talk to a lawyer who knows how to fight for your wages and get you back on track.


You work hard for your money. If an injury takes that away, it’s okay to stand up and say, “This isn’t fair.” Because it’s not. And with the right help, you can take steps to make things right again.

 
 
 

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