Are you missing paychecks because of a preventable injury in Athens, Georgia? Whether your injury kept you out of work for days, weeks, or even months, you shouldnโt have to bear the financial burden alone.
At Kaufman Injury Law, our team can help you gather the necessary evidence and take legal action to seek the compensation you need. Take the first step toward getting the financial recovery you deserve today by calling us for your free initial consultation.
What Kinds of Lost Wages Can I Recover?
You can seek compensation for various types of lost wages in a personal injury case. These include wages from your regular employment, which cover the salary or hourly wages you would have earned while you couldnโt work due to your injury.
If your job includes bonuses based on performance or commissions tied to sales, you can recover compensation for those amounts if your injuries keep you from meeting your goals. Similarly, if you rely on tips as part of your usual income, you can claim compensation for lost tips as part of your claim.
In more severe cases, you can also pursue compensation for lost earning capacity. Injuries that permanently affect your ability to perform your job or force you to change careers can decrease your potential future earnings. If this happens, you can address the loss by filing a compensation claim for the difference between your expected earnings before and after the injury.
How Do You Claim Lost Wages in a Personal Injury Case?
You must provide evidence of your losses to claim lost wages in a personal injury case. Start by gathering documentation of your regular earnings, such as pay stubs, tax returns, or direct deposit records, to establish your typical income from before the accident.
You must also provide proof of your inability to work, such as medical records or doctorโs notes that explain your injuries and their impact on your ability to work. Additionally, if your claim includes bonuses, commissions, or tips, you will need documentation showing the amounts you usually earn and how your injury prevented you from earning them.
A lawyer can help you gather and present this evidence. They can also consult with experts, such as economists, to calculate lost earning capacity if your injury affects your future income.
How Do I Recover Lost Wages in My Medical Malpractice Case?
Recovering lost wages in a medical malpractice case requires demonstrating how the malpractice caused your inability to work. For example, you might need to prove that a delayed diagnosis or surgical error directly contributed to your missed work. This often requires testimony from medical experts.
Documentation like pay stubs, tax returns, and employer statements is key in malpractice claims. Medical records and expert opinions can also help you connect the malpractice to your preventable injuries and resulting inability to work.
A malpractice lawyer can play a critical role in establishing these connections. They can coordinate with medical experts, organize useful documentation, and handle settlement negotiations. They can also represent you in court if the other party refuses to agree to a fair settlement.
What Benefits Can I Get for Lost Wages in My Workersโ Compensation Case?
Workersโ compensation benefits can replace part of your lost wages if a workplace injury prevents you from working. For example, temporary total disability (TTD) benefits apply if you cannot work at all while recovering. TTD benefits typically pay up to two-thirds of your average, pre-injury weekly wages.
Temporary partial disability (TPD) benefits apply if you can only work at a reduced capacity and earn less than you did before your injury. For example, if you must work fewer hours or take on a lighter-duty job, TPD benefits can cover up to two-thirds of the difference between your pre-injury and post-injury wages.
Permanent disability benefits could be available if your injury causes any lasting impairments. Permanent partial disability (PPD) covers cases where you can still work but have a permanent loss of function. Permanent total disability (PTD) applies if you cannot work at all due to the injury. These benefits are calculated using a specific formula based on your specific injury and level of impairment.
How Do I Calculate My Income If Iโm Self-Employed or a Freelancer?
Calculating lost income as a self-employed worker or freelancer can be more complex than it is for regular employees. Since you might not have regular income, you must show your average pre-injury earnings through documentation such as tax returns, bank statements, invoices, and contracts.
You can calculate your lost income by adding up your earnings over the previous one to three years to determine an average. Include any regular income streams, such as client payments, project fees, or royalties. If your injury interrupted an active contract or client relationship, you can provide correspondence or agreements to show the income you lost.
In some cases, you might also need to estimate future earnings based on ongoing work you could not complete. A lawyer can assist in working with financial experts to determine an accurate figure.
Will I Have to Pay Taxes on My Lost Wage Compensation?
It depends. In personal injury cases, which include medical malpractice cases, compensation for lost wages is generally not taxable. The IRS excludes these amounts from your income if your injury claim was for a physical injury or sickness.
In workersโ compensation cases, lost wage benefits, such as TTD or TPD payments, are also not taxable. These benefits aim to support you while you recover and do not count as taxable income.
However, if you receive interest on a settlement or compensation for emotional distress unrelated to your physical injuries, those amounts will likely be taxable. An attorney can help you understand your specific situation and avoid potential tax surprises. They can also explain potential tax implications during the claims process to help you make informed decisions.
Contact an Athens Income Loss Lawyer Now
Donโt let lost wages add to the challenges youโre already facing after an injury. Whether your case involves a personal injury, medical malpractice, or a workplace accident, Kaufman Injury Law is here to help. Call us at (404) 355-4000 for your free initial consultation, and let our team review your case, explain your options, and work with you to pursue the compensation you deserve.
Driving Directions to Our Atlanta Office
Visiting our office in person is a great way to discuss your case and get personalized guidance. Kaufman Injury Law is conveniently located at 12 Beck St NW, Atlanta, GA 30318, just minutes from downtown Atlanta. Hereโs how you can reach our office:
From the North
Take I-75 South and merge onto I-85 South. Use Exit 249D toward North Avenue, then turn right onto North Avenue NW. Turn left onto Marietta Street NW, then right onto Beck Street NW. You will arrive at 12 Beck Street NW on your left.
From the South
Take I-85 North and merge onto I-75/I-85 North. Use Exit 249D toward North Avenue, then turn left onto North Avenue NW. Turn left onto Marietta Street NW, then right onto Beck Street NW. You will arrive at 12 Beck Street NW on your left.
From the East
Take I-20 West and merge onto I-75/I-85 North. Use Exit 249D toward North Avenue, then turn left onto North Avenue NW. Turn left onto Marietta Street NW, then right onto Beck Street NW. You will arrive at 12 Beck Street NW on your left.
From the West
Take I-20 East and merge onto I-75/I-85 North. Use Exit 249D toward North Avenue, then turn left onto North Avenue NW. Turn left onto Marietta Street NW, then right onto Beck Street NW. You will arrive at 12 Beck Street NW on your left.today.
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