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How To Prove Lost Wages In A Personal Injury Claim

A personal injury can cause a significant setback to anyone who depends on a job as an income source. The effects of the injury might extend from loss of wages, missing promotion opportunities, working part-time, and getting pay cuts, or completely being unable to work. No matter the damage, you’re eligible for compensation to cover the inconvenience you’re experiencing.  

Filing a claim for the loss of wages and other potential benefits that you’re missing due to injuries is an eventful journey. Knowing what to do will increase your chances of winning the case and lifting the financial burden off your shoulders. Moreover, claims require a proper paper trail showing accuracy and accountability to the complainant. 

If you live in Kansas City, you can seek advice from an attorney who can guide you on how to file in Missouri and get the compensation you deserve. A crucial part of filing a personal injury lawsuit is knowing how to prove lost wages.

Here are the steps to do so:

Identify Who’s at Fault

personal injury lawsuit

First, you have to identify who’s at fault before placing claims. The law provides that compensation for damages can go both ways. 

Your actions might have contributed to the accident or injury you’re suffering from, which might compromise your position. For instance, Missouri personal injury laws and statutory rules provide that the plaintiff and the defendant may share responsibility in such civil cases. The court can decide to split the charges between the parties and settle the matter.  

However, if you believe someone else has to be blamed for the personal injury, you need to determine who’s really at fault to hold them accountable for what happened. Since most personal injury claims arise from negligence issues, it’s important to establish the elements of negligence. These can include:

  • The responsible party had a duty to exercise reasonable care to you as the injured victim. 
  • The responsible party breached that duty through negligence, resulting in personal injury. 
  • That breach of duty was the primary cause of the injury. 
  • The injury resulted in significant losses, such as medical bills, lost wages and earning capacity, loss of enjoyment, emotional distress, and other similar situations. 

Once you know who’s responsible for the personal injury, you’ll have found a basis for your lost wages claims. 

Gather Enough Evidence

What proof do you have to support your lost wages claims? You’ll need records showing how the events unfolded after the accident or injury. Typically, the relevant parties, like emergency services, insurance companies, and employers, should supply copies of when you notified them. Here, your record-keeping will be tested and may add weight to your lawsuit. 

For instance, a letter from your employer showing the terms of service and wages or medical bills you’ve incurred is sufficient as evidence. However, it’s necessary to collect all documents relating to your injury, such as photos of the accident scene, witness testimonies, and other forms of documentation. 

In addition, testimonies from medical services and your employer can support your claims. They might have to appear in court to give an account of the impact the personal injury has on your finances.  

Evaluate Your Findings

personal injury attorneys

How much can you claim? It depends on the summation of the expenses and the financial setback you’re currently facing, and the potential income or wages you’re missing by being away from work. In addition, you can include your future capacity to earn when compiling the evidence list. 

Also, consider all the benefits you could be enjoying while at work, like hourly wages, tips, overtime, bonuses. Once you have the information, find time to evaluate your findings and determine the amount of compensation your lawsuit can pursue. 

Present Your Case

Considering the underlying factors that can cause personal injury, how you present your case will determine if you can proceed to trial. Having facts to support your claim determines the direction of the lawsuit and increases your chances of reparation. 

Many people are hampered from claiming compensation for personal injury because they don’t have sufficient proof required by the law. Another plausible cause is the lack of information.

When claiming the lost wages compensation, you’re comparing how your income was before and after suffering the personal injury. The insurance company can assess the two scenarios and decide on the possible reimbursement. Therefore, they’re required to investigate your claims of lost wages and come up with a conclusive report.  

Get A Lawyer

personal injury lawyer

Proving lost wages can be challenging if you’re not conversant with the law. You might be missing out on your rights. Enlisting the help of a legal practitioner can help you through the personal injury claims process. They can advise you according to the laws governing the personal injury and get the compensation that’s rightfully yours.

Insurance companies will require you to prove with sufficient evidence that you suffered lost wages in a personal injury claim. In addition, getting a lawyer will increase your chance of winning the lawsuit since they understand the provisions in the personal injury laws and statutory rules of your state.  

Hence, when hiring a lawyer, make sure to keep some essential considerations in mind. For instance, it’s best to look for a legal professional who specializes in handling personal injury claims. Check how long they’ve been in the legal practice and determine the number of similar cases they’ve handled. By doing so, you can more likely improve your odds of proving lost wages and receive the highest compensation for it. 

Conclusion

personal injury law firm

Understanding personal injury law significantly affects your chances of getting your compensation. It can be a challenging task when you decide to pursue a lost wages claims lawsuit. However, demonstrating and proving lost wages lies on you as the plaintiff. 

Attorneys are available to guide you through the process and ensure that your rights are protected. But don’t forget that the evidence you present should be convincing enough for your case to stand trial and to start the process of your reparation.