Can I Sue for Lost Wages After a Truck Accident?

Yes, you can sue for lost wages after a truck accident if your injuries made you miss work. You may also be able to recover additional compensation if disability from your injuries reduces your long-term earning capacity. 

You need thorough documentation of missed work and your average earnings if you want to sue for lost wages. A Fort Myers truck accident lawyer can gather records of your losses and ensure you are fully compensated for lost work income. 

What Counts as Lost Work Income?

Lost work income refers to any income you lost because your injuries made you miss work. It’s the money you would have made from your job if you hadn’t sustained your injuries. The category of lost work income is fairly broad and includes the following:

• Hourly pay/salary: This is the direct income you lost because you were unable to work. 
• Overtime: If you were going to make additional overtime income, you could claim that missing amount in a personal injury lawsuit. 
• Self-employment income: Any money from freelancing gigs, business income, and other self-employment income can be claimed. 
• Commission/bonuses: You can claim any performance-based pay that you reasonably expected to receive. 
• Tips: Workers in tipped positions (e.g., servers, delivery drivers, etc.) can claim the average amount of tips they would have received. 
• PTO/sick time: The value of any PTO or sick leave you had to use due to your injuries is also a compensable loss. 
• Lost benefits: You may also be able to claim the value of other lost work benefits, such as retirement contributions or allowances. 
• Reduced earning potential: If your injuries require you to switch to a lower-paying career, you can recover the difference in pre- and post-injury expected lifetime income. 

How Do You Prove Lost Work Income?

If you want to sue for lost wages after a truck accident, you’ll need to present the following documents as proof during the truck accident claims process:

Pay Stubs

Pay stubs or direct deposit records are the simplest and easiest ways to prove lost income for hourly and salaried employees. They show a documented history of income and can be used to calculate your average weekly earnings.  

Employer Letter

You can also obtain an official written letter from your employer stating your hourly wage/salary, dates of missed employment, average weekly hours worked, and lost opportunities or benefits. 

Time Sheets

Time sheets are another piece of evidence you can use to establish your average hours worked per week and average weekly income. 

Self-Employment Income

Freelance or self-employed workers without a regular income can prove their income with documents like:

• Tax returns (2–3 years of history)
• 1099 forms
• Business invoices
• Profit-loss statements
• Bank statements

Medical Records

You must start by proving that you missed work. Beyond that, you must demonstrate that your injuries prevented you from working. Medical records and a doctor’s note can connect your missed work income to your injuries and clarify your job limitations. 

How Do You Calculate Lost Earning Potential?

In addition to the actual income you lost in the past, you can also sue for the future expected income you will miss out on because of your injuries. This is most often the case when permanent disability from a truck accident requires you to switch to a lower-paying career or stop working entirely. 

Lost earning capacity as a category of damages is forward-thinking and speculative, so it’s not as straightforward to determine as lost income. Generally, lost earning potential is calculated by looking at your current income, skills, education, and career trajectory, while accounting for factors like raises, promotions, and inflation. 

Expert testimony from vocational and career experts can help establish your loss of earning potential. They can assess how your injuries typically impact someone in your profession and provide evidence to use for your claim. 

Factors that Affect the Amount of Lost Income Recovered

Several factors have an impact on the process of recovering lost work income, including:

• Income structure: Salaried workers can more easily prove their income, but hourly workers may have to calculate average hours worked and account for overtime. 
• Recovery time: The more work you miss, the more in lost wages you can claim.  
• Long-term disability: The greater the degree of disability, the larger the impact on your future earning capacity.
• Level of documentation: Having sufficient documentation will maximize the amount of lost income you can recover. 

Common Mistakes When Suing for Lost Wages

Below are some of the most common mistakes and pitfalls that can impede your ability to recover lost wages after a truck accident:

• Not tracking missed time: You should keep a log or calendar of all missed work days, including regular time and overtime. 
• Not getting medical attention: Another common reason for denied claims is a lack of injury documentation. You need medical proof that your injuries prevented you from working.
• Not documenting income: Many freelance or self-employed individuals harm their case by not keeping records documenting their income. 
• Not using an attorney: An experienced commercial truck accident lawyer can gather all documents verifying your lost income and calculate an adequate amount to demand. 

Contact a Florida Truck Accident Lawyer Today

If you have more questions about how to sue for lost wages after a truck accident, or would like an attorney to look over your case, contact Viles & Beckman online or by phone today. Consultations are free, so there is no risk to getting in touch.