People often miss time from work after getting hurt in a car accident. If you suffer severe injuries, you might not be able to make as much money as before the collision. In these situations, you are probably asking, can I get loss of earnings or diminished earning capacity damages in a car accident case?
Yes, as long as you meet the required elements under Illinois law, you might be able to add lost wages and diminished earning capacity to your personal injury claim arising out of the car accident. A Chicago personal injury attorney can handle your car accident injury case so that you can focus on resting and recuperating.
When is Lost Income Compensable?
If you could not work for a while after the car accident because of your injuries and you missed paychecks as a result, you can usually claim the amount of your lost wages in your personal injury claim. Although the common term is “lost wages,” the category can include lost salary, wages, self-employment, and other forms of regular income.
Lost wages cover the time after the accident when you were recuperating from your injuries after the accident, and undergoing or recuperating from medical treatments related to the accident. For example, you might have been in the hospital for a week immediately after the crash and finished recuperating at home for three weeks after getting discharged from the hospital.
A few weeks later, your doctor performed surgery that you needed to remove pins that got implanted during the original hospitalization to set your fractured bones. Also, you might have been unable to work for a week after this follow-up surgery. Finally, you might have missed multiple half-days from work for physical therapy. All of this time can be compensable.
Typically, only the lost income can be added to your personal injury claim. If your boss paid some of your wages while you could not work, you can only claim the unpaid portion in your injury claim.
Your absence from work must be because your injuries made you unable to be on the job. Once your doctor releases you to work, refusing to go back to work will not support a claim for lost wages.
Do You Have a Claim for Money Damages for Diminished Earning Capacity?
After a severe injury, you might have ongoing impairment that affects your ability to earn a living. Chronic pain, decreased strength, or a loss of some functions like lifting heavy objects might cause you to have to switch to a lower-paying position or reduce your working hours.
Many people struggle to meet their living expenses if their income gets reduced on a long-term basis. When someone else’s negligence causes an accident that injures you, the negligent person should have to bear that financial loss, not you. We can usually add the amount of your future lost wages for diminished earning capacity to your personal injury claim from the car accident.
Contact Our Personal Injury Attorneys in Chicago Today
You will want to talk to a Chicago personal injury attorney at Hale & Monico right away about your personal injury claim because Illinois gives you very little time to pursue compensation for your losses. For legal help contact our office today, we gladly offer a free consultation.