How Are Lost Wages in Personal Injury Claims Calculated?

When you are injured due to someone else’s negligence, you will likely miss work or have to change your work schedule to recover. Such delays can result in lost wages and may force you to dip into your savings or run up credit card balances.

No one should be forced into financial hardship because of another person’s negligence. You deserve support while you recover. You should not have to suffer this way while waiting to recover from your injuries fully. People facing these circumstances often go back to work much earlier than they are ready to, thus slowing their healing process.

Washington state allows you to recover lost wages that were the direct result of your injuries from the at-fault party. The personal injury lawyers at McPartland Law Offices can help you add a lost wages claim to your compensation from the injury. Use our contact form for a free case evaluation.

How Do I File for Lost Wages in Washington State?

Individuals suffering a loss of earning power and who need to file a lost wages claim must be proactive in providing documentation. The steps for a personal injury claim in Washington are:

• Filing a police report
• Notifying the insurance company about the accident
• Keeping a record of days missed from work
• Collecting documentation to demonstrate an inability to work
• Submitting a PIP claim
• Following any insurance claim limits
• Filing a claim within any applicable deadlines

When speaking to the insurance company, keep your statements brief and only provide basic facts. Insurance companies often use what you say against you. Before proceeding, consult a knowledgeable attorney first about workers’ rights, what information to provide, and any relevant deadlines in your situation.

How Can I Prove a Lost Wages Claim?

To prove a lost wages claim, it is useful for accident victims to provide evidence to support their case. Include documentation showing that your injuries prevented you from working during recovery. Examples of such documentation include:

• Pay stubs or W-2 forms that show reduced wages
• Doctor’s notes detailing your injuries and the medical treatment
• Record of the total number of days you missed work
• Tax documents reflecting the missing wages
• Any other correspondence related to your injuries and inability to work

Washington law allows an injured person to testify to their losses, but the fact is that the more proof that is available to corroborate a person’s testimony, the more likely it is that full and complete damages will be awarded.

What is the Difference Between Lost Wages and Lost Earning Capacity?

While these two terms may sound interchangeable, there are some significant differences.

Lost Wages

Lost wages refer to the income an injury victim seeks to recover while they are healing from accident-related injuries. To recover lost income, you must provide supporting evidence.

Types of income falling under the lost income umbrella include missed paychecks, bonuses, retirement contributions, promotions, and PTO (vacation, personal, and sick leave).

Other factors can include proof of monthly and other routine bills falling into delinquency, penalties and late fees being imposed, and a drop in credit score—all of which can negatively affect your financial health.

Lost Earning Capacity

In cases where injuries are long-term, chronic, permanent, or create disabilities, accident victims may never be able to earn at the level they were at pre-injury, if they can ever return to work at all.

People suffering major injuries can pursue a claim to recover the money they could have earned if not for the injury.

How Are Lost Wages Claims Calculated in Washington State?

To calculate lost wages, the courts usually follow formulas tailored to the type of employment to get an accurate number for time-loss benefits.

• Hourly and salaried employees: Lost wages are calculated by multiplying the total hours or days missed by the hourly rate or daily wage. For salaried employees, the annual salary is divided by the number of workdays in a year to determine the daily wage, which is then multiplied by the missed days.
• Commission- and tip-based employees: Calculations are more complex due to fluctuating income. Courts often estimate lost wages based on the average earnings over a defined period, such as six to twelve months, to determine a fair loss rate.
• Part-time vs. full-time work: If an employee transitions from full-time to part-time due to injury, courts consider the reduction in hours worked and calculate lost wages accordingly.

Courts review documentation such as salary, hours worked, seasonal income patterns, and shift differentials to calculate the most accurate estimate possible.

What Obstacles Can I Face in a Lost Wage Claim?

Pursuing lost wages after suffering a personal injury can involve numerous challenges. Common obstacles people face include:

• Insufficient documentation to support claims for lost wages
• Disputes regarding the severity of injuries
• Difficulties during negotiations with insurance companies (they often try to deny claims or minimize compensation payouts)
• Pre-existing conditions that complicate the situation
• Challenges specific to self-employment, as these can be difficult to prove without sufficient paperwork to support the claim

Working with a skilled Washington personal injury attorney can help you navigate the complexities, engage in negotiations, and resolve any disputes that may arise.

Does Comparative Fault Impact Lost Wages?

Washington is a comparative fault state. This means if you are partially at fault, your lost wages will typically be lowered by whatever percentage of fault you have in the personal injury case.

For example, if you are 35% at fault in a $1,000 lost wages claim, your compensation would be reduced to $650.

Will I Get 100% of the Wages I Lost?

If you were partly to blame for the accident, you will probably lose that percentage of your lost wages.

Why Clients Choose McPartland Law Offices

Suffering a personal injury in a car accident, motorcycle crash, truck collision, pedestrian accident, work-related incident, or other event can cause substantial disruption in your life. You might not know what steps to take or what decisions are right to make.

Clients often turn to McPartland Law Offices for legal advice because our law firm prides itself on delivering quality representation and customer service. Our lawyers advocate strongly for clients and work diligently to pursue fair results. Since our firm’s founding in 2012, our attorneys have had numerous success stories, recovering over $50 million for our clients.

Working with a skilled personal injury lawyer can help relieve some of the burdens you carry. The attorney-client relationship is crucial to McPartland Law Offices. Your well-being matters. We will help you pursue lost wages and assist you in obtaining the compensation you need to pay your bills while you are recovering from injuries.

Testimonials

“What a pleasant experience working with the McPartland team!! They were prompt, informative and kept everything moving forward seamlessly. Would not hesitate to give them a call again if needed.” — Jason S.

“My wife and I were VERY impressed and pleased with the quality of service and personal attention we received from Bryce and the McPartland Law Office employees. Our case was a 2 year process and they were always prompt with updates, scheduling, and helped us deal with the emotional stress that we were going through.” — Charles S.

“Mr. McPartland is absolutely wonderful. They have helped me on something I would have never been able to achieve myself. The staff are super friendly and they are very informative and have kept me up to date on every turn of my case. Mr. McPartland goes above and beyond for his clients. Not to mention absolutely a brilliant mind, a very smart guy. He knows the laws and he is great at what he does. I haven’t had a single negative experience. I would recommend this Law office to anyone :)” — Kurrin R.

Let Us Worry About Your Lost Wages So You Can Focus on Recovery

Not knowing how long you’ll be out of work or if you can return is scary. Some Washington workers cannot return to their jobs and need retraining, which poses other challenges.

The attorneys at McPartland Law Offices are highly experienced in all types of personal injury claims. Our attorneys will meet with you, listen to your story, assess your options, and collaborate closely to develop a case that will help you secure the necessary compensation, ultimately protecting your financial future.

You focus on recovery. Our attorneys will aggressively negotiate with insurance companies and, if necessary, take your case to court.

Contact McPartland Law Offices at 509-495-1247 or use our online form to schedule a free consultation.