Loss of Earnings in a Personal Injury Lawsuit
According to the Legal Match website, loss of earnings in a personal injury lawsuit refers to the loss of monetary income due to the damages inflicted by the defendant. If defendants are found liable for the plaintiff’s loss of earnings, they may have to cover these in the damages awarded by the court. These include work wages, commissions, and bonuses.
The loss of earnings must be directly caused by the injury that was afflicted and is the center of the personal injury lawsuit. The plaintiff is required to be able to prove the amount of lost earnings, which is referring to past earnings already lost due to the injury. For example, if they missed work because they were in the hospital due to an accident, which means if the defendant is found liable, they may have to compensate the plaintiff for the wages they lost during that time. A multiplier is used to determine the amount of pain you suffered from as a result of your injuries. Usually, the more pain, the higher the settlement tends to be.
Legal Match also reports that future loss of earnings is different because it is associated with future wages that the victim hasn’t yet earned. The court usually needs an estimate of how much the person will lose because of their injury. It is often difficult to make these calculations, which results in future loss of earnings being awarded less frequently than losses that have already occurred. Loss of earnings is relatively easy to calculate because the plaintiff basically needs to present pay stubs from previous pay periods to prove their rate of pay. They also need to provide evidence that the reason they missed work due to the injury and only need documents like hospital records or obtain witness testimony from their employer or co-workers, who can prove that they missed work because of their injury.