By Logan Quirk
Proving Loss of Earnings in Your Personal Injury Case.
Document! Document! Document!
The best way to objectively measure your loss of earnings is to get the necessary documents from your employer.
You want to pull your paystubs at or near the time of the collision. You will want to pull your time cards of you have any. Also, you will want the pull your W-2’s as well. These documents will help you to objectively measure what you were paid per pay period multiplied by the time off from work.
What if you cannot produce such records?
This is common for people who are self-employed or work on commission. When you are not paid a salary or have documentation from your employer, then your tax returns are your best way to measure what your average income at the time of your loss is.
Documentation is the best way to evidence your loss of earnings, but if you cannot produce this best evidence, then you may try and introduce testimony to substantiate your loss of earnings claim.
Additionally, you are permitted to make a claim for your loss of earning potential. These claims need to be reasonably based without wild speculation. Often these claims are proved with the use of expert testimony to help substantiate how your injury prevents you from a certain employment and an expert to help measure the quantitative value of the loss.
Remember, if you bring forward a personal injury claim, then you need to mitigate the losses.
In the context of your loss of earnings, it means getting back to your employment in a timely fashion if possible. It may also mean taking on a modified responsibility. Other times, mitigating your damages may require going the career retraining in another profession or employment that permits you to have gainful employment despite your injuries.