CAN I SUE FOR LOST WAGES DUE TO AN INJURY?
Simply because a person is severely injured and unable to return to work doesn’t mean the rest of their life gets put on hold. Individuals facing this type of scenario will still have bills coming in the mail and need the financial resources to support both themselves and their family. This financial need is the reason why the courts allow injured persons to seek lost wages during their recovery, and there are a number of factors that are considered before the amount paid is agreed upon.
Type of Wage
The business world is generally split up into employees that earn a salary and those that earn an hourly wage. When an injured person is seeking lost wages this is one of the most important facts because it not only determines how much money a person is entitled to, but also the difficulty of calculating the lost wages.
- Salary – This type of compensation is the easiest to calculate because the victim and their attorney simply have to sit down and divide the amount of time the person was unable to work from their yearly salary.
- Hourly – This type of wage is more difficult to calculate because of factors such as scheduling. When an employee isn’t on a set schedule, their attorney will often have to make their calculations based on the average amount of hours worked in the weeks preceding the disabling injury.
The calculations made for both of these wage types can also vary greatly since they often must account for additional wages that are earned through bonuses and overtime.
Another question often raised when it comes to lost wages is the estimated amount of time until the injured person is able to return to work. Many cases involving lost wages are simple because the injured person often only needs to recover past wages that were lost as a result of an injury.
The most complicated scenario a person can face is when there is a possibility they may never be able to return to work, as this will require far more careful attention and calculation to ensure the injured person receives all the money they’re entitled to.
Those who are self-employed will also find that they can seek lost wages in the event of a disabling injury. The process of determining the amount the injured person is owed is dependent on factors such as the profitability of the business and the amount of time the person devotes to it. The only requirement that a self-employed person must meet is that their business has to have been in operation for over a year before lost wages can be sought.
Get an Attorney Today
Personal injuries are very serious and can cost you more than your health. If you can’t work, then your bills can pile up quickly. The best way to resolve this problem is to hire a personal injury attorney. Call 713.766.5400 for a free case evaluation.
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