Legal

Can I Sue for Loss of Income After a Slip and Fall Injury?

Slip and fall accidents tend to catch people off guard concerning the extent of damage they can inflict on the victim’s life. Most people brush off such incidents, thinking that they will merely be bruised here or there. Yet, a victim can incur rather serious injuries such as concussions, lacerations, sprains, and even fractures.

If you were to experience any of these wounds in your slip and fall accident, you might need to seek extended medical care, in which case, you may miss out on some hours of work. If your income has been drastically affected due to your slip and fall injuries that prevent you from working, you have rights to file a compensation claim after your accident.

Lost Wages After a Slip and Fall Accident

While you seek treatment for the injuries you incurred during a slip and fall accident, you may have to forego your typical work schedule. This may be due to a variety of reasons, primarily those listed below:

  • Your physician may have disallowed you from working normally due to the extent of your injuries.
  • You may have to call off of work to attend scheduled medical appointments.
  • Your injuries disable you from working your usual hours.

In all the above scenarios, your earnings have been reduced as a direct result of the damages you experienced in your slip and fall accident. These lost earnings can be recognized as “lost wages” or as “lost earning capacity.” Lost wages refers to any earnings that you have been unable to work for at the time of your settlement (or trial, depending on how your case unfolds).

On the other hand, your lost earning capacity is your reduced ability to earn your normal wages. This is caused by the altered medical condition that now prevents you from working to the extent that you used to before the accident. (For example, you may have to work fewer hours due to your inability to tolerate the same work schedule, or you might have to get another position altogether to accommodate your new condition.)

In either case, you can sue for either the income you have already lost or the reduction in your future earnings, in light of the necessary changes to accommodate your injuries.

How to Calculate Your Loss of Income

In some cases, determining the loss of income is not too steep of a task. At times, it can be as simple as logging the hours you missed when you attended your recent doctor’s appointment and supplying your lawyer with this documentation. In this instance, you would also benefit from:

  • Your employer’s testimony, reflecting your missed work hours.
  • Documentation reflecting your:
    • Hourly rate or salary
    • Commissions
    • Benefits
    • Overtime

Those who are self-employed may face unique difficulties in providing such information, though, as this requires past tax returns. This introduces the challenges of disclosing highly sensitive information in the court. Further, proving a future reduction of income in the form of lost earning capacity will necessitate more documentation than this. When pursuing this specific form of compensation, it would be best to include your doctor’s testimony, as well as any other relevant experts.

For a successful slip and fall lawsuit, get in touch with an experienced personal injury attorney. They will help you secure the appropriate documentation to demonstrate your lost wages and secure the compensation you need to continue supporting yourself, despite your newfound injuries.

 

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