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Aug 02

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Lost Income Claims In Personal Injury Cases Can Be Complicated

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Idaho law provides people injured in car crashes, or through other negligent acts, a claim for Holzer-Edwards 2011_2011 10 26_3426compensation for a variety of damages they incur.  Included in the claims are things like medical care, car repair and pain and suffering.  Often one of the most complex areas to try and calculate a fair value for a person’s personal injury damage claim is in the area lost income and earnings.   If you are an hourly employee and miss 40 hours of work based on the doctor’s orders then your lost wages claim is easy.  But it quickly gets more complicated after that simple example.

Determining Your Current Lost Wages

Your claim for lost current income from starts at the time you are unable to work until you can go back to what you were doing before the injury.  As injury lawyers in the Treasure Valley we evaluate whether we can include in your claim all the following:

  • Any salary or wages that would have been earned, offset by any pay received;
    (Including overtime opportunities that were missed);
  • Any sick leave or vacation hours used to get through the lost work time;
  • Any sick leave or vacation time that you did not accrue because of the inability to work;
  • Any chance for a promotion or advancement that was lost

 Evaluating Your Future Lost Income

            If you are unable to work for an extended period of time or your ability to earn in the future is reduced, that loss has to be considered as well.  Some clients are never able to return to work at full capacity.  If you are permanently disabled then your earning capacity may well change forever.  This can mean that the employer places you in a job that even if the pay is initially the same, diminishes the opportunities for advancement.

Calculating this type of future lost income is a more complicated matter.  There are materials from the Bureau of Labor Statistics that can help.   Often a professional economist needs to be worked with to do a full evaluation.  Knowing who and when to call on this type of person is part of the service provided by an experienced personal injury lawyer

 Income Loss for the Self-Employed or Commissioned Workers

When an Idaho client is self-employed or works on a commission both the current and future lost income calculation become more complicated.  The number of economic factors that need to be considered include thing like the overall economic well-being of the market area, slow periods in your business, and on and on. Sometimes the only thing that can be reasonably relied on are income tax filings from before and after the accident.  But these too can be problematic given the economy or a person’s job changes.

 Get More Information

Call us to discuss your wage claim or any other aspects of your personal injury case that you have question about. 

With more than 40 years’ experience helping injured people, the lawyers at Holzer Edwards, Chartered strive to be the best personal injury lawyers in Idaho.  We try to meet that goal in part with creative thinking about injury claims and informally helping people who don’t need to hire an attorney. 

We mean it when we say don’t hesitate to call us if you have questions about a claim or if you need additional information.  You can reach us at (208) 386-9119. We are in Boise but represent people all over Idaho from Bonner’s Ferry to Bear Lake.  We are injury lawyers for clients in the Magic Valley and up in Sandpoint. No matter where you live in Idaho, if you have been injured in an accident due to the negligence of another, we are here to help.

Permanent link to this article: http://holzeredwardsinjurylawyers.com/2013/08/lost-income-claims-in-personal-injury-cases-can-be-complicated/

1 comment

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  1. Kevin

    It is really glad to know that there are people who try to meet a goal in our part with creative thinking about injury claims and informally helping people who don’t need to hire an attorney.

  1. What is My Injury Claim Worth? Understanding "Quality ofLife" or Non-Economic Damages | Idaho Injury Law Blog

    […] law.  We have discussed these issues and some of the complexities involved in some earlier posts like this one about lost income and this one about medical bills.  Although there are some complexities, the idea of economic loss […]

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