How to Prove Loss of Earnings

Courts in most states compensate individuals who are no longer able to earn their normal wages because of an injury resulting from someone else's negligence. Juries usually decide the validity of claims for loss of earnings. If you represent yourself in court, check your state's laws concerning the burden of proving lost earnings.

Instructions

1. Advise your lawyer, if you are using one, to make loss of earnings part of your claim for damages. Add this to any other claim for economic damages.

2. Keep careful records documenting your take-home, or net, wages rather than your gross wages. If self-employed or paid cash for your labor, calculate the money left after paying taxes. Courts consider this amount when figuring loss of earnings.

3. Get ready to prove first that the defendant's wrongdoing caused your injuries. Then prove that you lost earnings because of those injuries.

4. Consider the length of time you did not work. Then show the amount of your normal wages during any given week that you did work prior to your accident or disability.

5. Expect to prove earnings lost because you switched to a lower-paying job. For example, if your injury limits you to performing a desk job rather than a more active function, calculate the difference between your former and present wages. That difference also represents loss of earnings.

6. Plan on proving that your injury does not allow you to perform a higher paying job. This requires you to prove you don't have extra skills or experience which qualify you for a special job.

7. Retain an expert witness to testify on the subject of loss of future earnings. This requires you to prove your injury prevents you from ever again performing a higher paying job.