Can I Sue for Lost Income in a Personal Injury Claim?

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Seeking recovery for lost income is commonly done in a wrongful death claim. However, this is a possible claim for any type of personal injury accident. Read on to discover whether you can sue for lost income in your personal injury claim and how a seasoned Ontario personal injury lawyer at Merricks Law Group, P.A. can help you in recovering your damages.

What is lost income?

Lost income is considered to be a type of economic damage that you may have incurred or anticipate to incur in the aftermath of your personal injury accident. More specifically, this applies when you miss out on your expected paychecks because the injuries that you are suffering from are inhibiting you to return to work. This inability to return to work may be days, weeks, months, or even years. Sometimes, this means that you are unable to return to your profession ever again.

Can I file a personal injury lawsuit for my lost income?

If you incurred injuries from a personal injury accident that was due to the fault of a negligent party, then you may be able to recover your lost income as part of your damages claim. Though, your ability to recover your lost income, and the dollar amount you can collect, is contingent on your ability to satisfy your burden of proof.

That is, you must prove that your injuries prevent you from returning to work. You must also prove how much of your wages you are missing out on. Nevertheless, this can be done with the following pieces of evidence:

  • Medical records that state the date, time, and severity of your injuries.
  • Doctor’s notes that highlight how your injuries have caused physical and occupational limitations.
  • Therapist’s notes that highlight how your injuries have caused physical and occupational limitations.
  • Employer statements that highlight how your injuries have forced you to take time away from your job.
  • Personal statements that highlight how your injuries affect your day-to-day life.
  • Past pay stubs that highlight how much you were earning before your injuries.
  • Income tax returns that highlight how much you were earning before your injuries.
  • Social security earning statements that highlight how much you were earning before your injuries.

Depending on the circumstances surrounding your case, you may be able to argue that your injuries have barred you from future salary increases, promotions, benefits, and other opportunities that would have presented themselves up until your retirement. This may just allow you to recover a greater payout than you initially expected.

Overall, if you are looking into filing a personal injury claim, you must not proceed without gaining legal representation from a competent Ontario personal injury lawyer. Give our firm a phone call today.

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