Partner
Truck accident victims incur substantial losses for which they have the right to seek compensation. One category of damages a victim may claim is lost income. This can include not only the earnings missed to date, but future income as well.
Were you or a loved one injured in a Syracuse truck crash? Winning the full amount of compensation that you deserve will require hiring knowledgeable legal counsel. Turn to Carden Dotzler Hammond, PLLC for the dedicated advocacy that you deserve.
What Counts as Lost Income?
Lost income is any money that you would have earned but for the truck accident that injured you and prevented you from working. In other words, when you sue for lost income, you are seeking to be put back in the position you would have been in had the crash not happened.
If you were injured in a Syracuse truck accident, your lost income could include the following:
- Money you don’t earn while you are recovering: You will likely be hospitalized and, later, resting at home to recover from your injuries. During this time you could miss paychecks, so you can request compensation for these in your accident claim.
- Money you don’t earn due to other obligations: There may be other things you will have to do because of the crash such as see doctors and go to court. To the extent you miss money due to these obligations, you can seek compensation as well.
- Reduced earnings: When you go back to work, you may not be able to work at your full capacity. You may have to perform lighter duties or work fewer hours. Either way, you could experience reduced earnings and therefore seek the difference in your lawsuit.
- Lost tips, commissions, and bonuses: In addition to their regular earnings, many Syracuse truck crash victims miss out on other forms of income. Calculating lost tips and other types of income is more complicated, but the victim can still claim them.
Can I Ask for Lost Future Income?
Your injuries may affect your life long into the future, impacting your ability to earn a living. Victims often experience what is known as decreased earning capacity. They may be unable to:
- Work at all: Truck accidents are serious, and they often leave victims with permanent disabilities. The victim might not be able to hold down any occupation.
- Work the same job: Even if the victim can work, they may have to do something different than before. For instance, they might have to work a desk job whereas before the wreck they could do something more active (and with higher pay).
- Work at the same capacity: The victim might not be as productive in the future because of their injuries, regardless of what type of job they can do. Fewer hours and workplace accommodations are usually associated with this.
The at-fault party can be held liable for income and other forms of compensation (e.g. bonuses) the victim will miss in the future because of the above scenarios.
The Evidence You Will Need
Syracuse truck accident victims have the burden of proving the nature and amount of their damages. Working with experienced legal counsel, you can present such evidence as:
- Medical records: Your medical records, including doctors’ notes, will play an important role in demonstrating your ability to work and at what capacity. This could substantiate your demand for decreased earning capacity.
- Proof of income: You will need to show what sort of job you had before the accident and what you were earning. Pay stubs, tax returns, and the like can prove not only your regular income but also your bonuses, tips, and other forms of compensation.
- Letter and testimony from your employer: In addition, your employer can explain your job responsibilities, work schedule, predicted future promotions and bonuses, and other information concerning your income.
- Personal notes and eyewitness statements: Your personal notes about your daily limitations, pain and suffering, and other complications may also shed light on your ability to earn a living. You may also have independent eyewitness statements to corroborate this.
- Expert witness testimony: Your lawyer may call upon a medical or vocational expert witness who can explain to the judge and jury the job opportunities you can realistically expect to have down the road.
Fighting for the Compensation That Victims Deserve
Syracuse truck accident victims deserve to have full compensation for their injuries, and that includes income and decreased earning capacity. If you were injured, let the attorneys of CDH Law explain how we can fight for you. Get in touch with us now to schedule your consultation.