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Can I Sue for Lost Wages in a Personal Injury Claim?
Recovering Lost Wages in a Personal Injury Case
If you have suffered a serious injury and are unable to work, this can be extremely stressful, especially if you have a family or loved ones to care for. Being injured does not mean that your bills cease or wait for you to get better. Courts recognize that those who are dealing with a personal injury are lawfully entitled to recover lost wages. If you live in the Hillsboro, Beaverton, and Portland metropolitan areas and have suffered lost wages, you should talk to an experienced attorney about that before trying to settle any claim. The amount of lost wages you can seek is dependent on several factors and may require negotiations before an agreement is made.
For example, those who are paid a salary, generally have an easier time proving up their lost wages and getting paid for them. If your company paid you lost wages under the PIP or personal injury protection benefits of your policy, you can still go after the other driver’s insurance company for the amount that was not paid by PIP.
Calculate Your Lost Wages
Those people who are paid by the hour and who work different hours each week may find themselves trying to average what their lost wages/income amount to for purposes of settlement or a lawsuit. Self employed people often have a more difficult time proving their lost wages. For example, salespeople or others who work on a commission basis may find it more of an uphill battle to show what they lost due to another person’s negligence. This also happens where the injured person gets a bonus or overtime pay and because they are injured, miss out on a bonus or the overtime they would normally have received.
Another factor that determines how much one is able to seek in court for lost wages depends on the extent of injuries. Is the person partially or permanently disabled due to the injuries. If they have a permanent injury, then a doctor needs to be able to come into court and testify on the injured person’s behalf about the extent and duration of the injuries. This is the future impaired earnings claim or future lost wages claim that is sometimes made when someone cannot go back to work for months or years or ever.
Expert Attorney for Recovering Lost Wages Serving Hillsboro OR, Beaverton and Portland
If you need assistance with your lost wage claim due to a personal injury, call Kehoe Sands Law today. Proudly serving the Hillsboro, Beaverton, and Portland, Oregon areas. We strive to provide the best personal injury service to get the best resolution for your claim.