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If you suffered serious injuries that required an extended hospital stay, your doctor has told you not to work during recovery or you are unable to return to work for some period of time due to an accident caused by another, you should be legally entitled to recover what is known as past and future lost wages.
Past lost wages refer to earnings you did not get paid because you were hurt in an accident and unable to work. You may also recover time missed from work to go to doctor’s appointments or any time a doctor has excused you from work.
Future lost wages refer to when you are unable to work at all in the future due to a serious, traumatic injury sustained during an accident caused by another.
Diminished earning capacity refers to someone who is able to go back to work but not to the extent he or she was able to prior to the accident. It could be in a part-time capacity vs full-time or in a lesser paying position.
Keep in mind, loss of income and loss of earning capacity are not the same thing. The former refers to the loss of actual income while the latter refers to the income you could have earned had you not suffered the injury.
The amount you can recover in the state of Missouri depends on your role in causing the accident. Missouri is a “comparative fault” state. If you, the injured person, are found to have contributed in some way to the underlying accident, the comparative fault rule will apply. This means the amount you can receive will be reduced based on your percentage of fault. So, for instance, if you were not at all at fault, then you are entitled to 100% of your losses; if you were 50% at fault, you are entitled to 50% of your losses.
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Lost income or lost wages are determined by the amount of money you are paid for the work you do. Some of the documentation you may need to prove and recover lost wages might be:
For a loss of earning capacity, you have to first show that your injuries have impacted your earning ability. Your personal injury lawyer can assist you with what you need to prove this.
When you want to obtain compensation for your personal injuries, you wlll need to prove who was at fault. Depending on your situation, this can get complicated. With the help of a personal injury lawyer the odds of a successful outcome increase.
Contact the capable counsel at Nash & Franciskato. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.
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