When a sudden serious injury disrupts your life, it results in significant medical costs and out-of-pocket expenses, often at the same time that you aren’t able to return to work. Even an injury victim with a single emergency room bill and a few days of lost wages deserves compensation for their economic losses and pain and suffering if the injury was caused by another party’s negligent, reckless, or wrongful actions. If the injury was severe or caused disability, the injury victim may be facing an uncertain future, including lost wages, future income loss, and possible diminished earning capacity. Recovering lost income in a Saint Louis personal injury case is the victim’s right, but a successful claim can be challenging, requiring careful adherence to filing procedures and clear evidence of the at-fault party’s liability.
What Types of Income Are Recoverable In Missouri Personal Injury Claims?
Lost income in a personal injury case refers to any provable earnings the injury victim would have received had they not experienced an injury caused by another person or other entity, such as a negligent business, defective product, or medical provider’s malpractice. The following types of income are recoverable in Missouri personal injury claims:
- All wages and salaries
- Overtime pay
- Commissions
- Bonuses
- Paid time off (PTO)
- Raises
- Promotions
- Lost benefits and retirement contributions
In most cases, the insurance company offers an injury victim a settlement for their lost income. It’s essential for an injury victim to hire experienced legal representation through a Missouri personal injury lawyer to represent their best interests in this process. Insurance companies are in the business to make profits, and will try to do so at the injury victim’s expense unless they take measures to protect themselves.
What Evidence Is Required for Recovering Lost Income In a Personal Injury Claim In Missouri?
An injury victim in Missouri has the burden of proof in an injury claim, including demonstrating evidence of the at-fault party’s liability and providing clear proof of their income loss. Evidence of lost earnings may include the following:
- Employer statements verifying weekly wages, salary, commissions, and bonuses, and the employee’s usual hours in a pay period
- Evidence showing the total number of work days and hours missed
- Evidence of the typical overtime hours they would have accumulated during the days they missed
- A list of the benefits the injury victim would have accumulated during the missed work period
- Past W2 forms and tax documents
An injury victim must also provide compelling evidence of their injury and demonstrate that the injury caused their past wage loss and anticipated future income loss. Evidence may include their medical records and medical expert witness testimony. A medical expert’s testimony is the key to proving future income loss or lowered earning capacity due to injury-related disability.
What If My Income Comes From Self-Employment?
When a self-employed person suffers an injury that causes them to lose income, they cannot demonstrate their income loss through an employer statement. Instead, they must show evidence such as bank statements, profit and loss statements, business ledgers, and their most recent 1099 tax form. An attorney can help a Missouri personal injury victim recover full and fair compensation for their injury-related income loss.