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Lost Wages Claims

Sep 25, 2014 | Workers' Compensation

If you have been injured due to someone else’s negligence, you can seek lost wages in a personal injury claim. These damages should include any and all salary, fringe benefits, bonuses or other compensation that you cannot earn due to your injuries.

At Geoff McDonald & Associates, our Richmond injury lawyers will work hard to establish your right to these damages and make sure that all of your lost past and future wages are accounted for in a legal claim pursued on your behalf.

For more than 20 years, we have helped personal injury victims in Richmond and across Virginia to recover the lost wages they are due. Contact us today to arrange for a free consultation and learn more about how we can assist in your case.

Calculating Lost Wages and Income

Lost wages in a personal injury claim typically cover:

  • Any earnings lost because of your inability to work in your chosen field
  • Any loss of future earnings and/or diminishment of your earning capacity.

Even if your employer has paid you sick leave, you are entitled to damages. Virginia courts have said that requiring an injured person to use sick leave and lose it for future needs is an unfair burden if the person suffered an injury due to the negligence of another.

Virginia courts have also said that damages for diminished or lost earning capacity are appropriate if a permanent injury caused by another party’s negligence hinders the ability to perform work that a person’s education, training and experience has prepared them to perform.

For instance, if you can no longer work in a skilled construction trade because of injuries you have suffered in a car accident – but you can work at a lesser-paying job that requires less skill – you should be compensated for the income you will lose.

A fully considered lost wages claim should account for:

  • Base salary or wages
  • Bonuses
  • Commissions
  • Fringe benefits, including the value of health and life insurance, stock or stock options, days off from work and employee discounts
  • Anticipated salary increases, including cost of living (COLA) and merit raises
  • Retirement fund contributions, including contributions to pension funds, 401(k) and similar tax-deferred funds as well as diminished Social Security contributions
  • Any additional compensation for the performance of your job duties that was available to you prior to your accident
  • Remuneration for projected losses due to diminished earning capacity and/or lost career advancement opportunities caused by your injuries.

Obtaining appropriate damages in a personal injury case requires an investigation that accurately calculates the full extent of your income losses. This involves reviewing medical and employment records and consulting with medical and economic experts.

If you have suffered a disabling medical condition that is expected to last at least one year or result in death, or if your injury is work-related, we may also be able to help you to obtain Social Security Disability (SSD) benefits and/or workers’ compensation benefits. These benefits may simply offset some of the damages realized for your lost wages in a personal injury claim.

Contact a Richmond Attorney

Having an aggressive law firm on your side can make all the difference when seeking compensation for lost wages and other damages after an accident caused by someone else’s negligence. The attorneys and investigators at Geoff McDonald & Associates will explore every opportunity to obtain compensation for you.

We have been protecting the rights of injury victims and their families for more than two decades. Call us today or fill out our online form for a free review of your case. Don’t forget our No Fee Guarantee®, which means you will not pay us unless we collect compensation for you.

Geoff McDonald and Associates: 866-369-9051.

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