Suffering an injury in an accident not only impacts your health but also your ability to work, leading to potential financial strain due to lost wages. At RTRLAW, we recognize the importance of securing the compensation you deserve to cover these lost wages. RTRLAW can help you understand how lost wages are calculated in Texas and how our expert personal injury legal team can support your claim.

What Constitutes Lost Wages in a Texas Personal Injury Claim?

Lost wages are considered economic damages and encompass the earnings you would have received if not for your injury. This includes:

  • Hourly wages/salaries
  • Overtime pay
  • Commissions
  • Income from self-employment
  • Part-time earnings
  • Bonuses and tips
  • Vacation and sick leave accruals
  • Income from freelance or contract work

In cases of long-term impairment or disability post-accident, you might also be able to make a claim for diminished earning capacity, reflecting the discrepancy between your current and potential earnings.

What Evidence Is Required to Prove Lost Wage Claims?!

To secure compensation, it’s crucial to establish the other party’s liability for your injury and quantify your lost wages. Essential evidence includes:

  • Medical documentation linking your injuries to being incapable of working
  • Tax returns, pay statements, and employment documentation to substantiate your earnings
  • Letters from your employer detailing missed work days
  • Financial statements indicating your regular income

How Do You Calculate Lost Wages & Account For Future Loss of Income?!

Calculating lost wages varies, especially for people with fluctuating income. Generally, the calculation includes your total expected income plus benefits. For salaried employees, multiply your salary by the number of missed work periods (work days or shifts). For variable incomes, you may need to take an average of your earnings over a previous period.

For permanent injuries leading to ongoing work incapacity, you may be entitled to future lost wages and compensation for diminished earning capacity. This complex calculation takes into account factors like your career prospects, age, and the nature of your disability. This often requires expert testimony attesting to your diminished capacity to work.

What Impact Does Contributory Fault Play on Your Injury Claim in Texas?!

In Texas, navigating the intricacies of personal injury claims involves understanding the state’s approach to contributory fault, governed by modified comparative negligence laws. It’s important to understand this legal framework if you’re seeking compensation for injuries sustained in an accident where multiple parties may share responsibility.

Under this system, the compensation you are eligible to receive can be influenced significantly by your own level of fault in the incident. Specifically, if it is determined that you were partially at fault for the accident, the total amount of damages you can recover will be adjusted accordingly. Texas law stipulates that as long as your share of the fault does not exceed 50%, you retain the right to seek damages. However, the compensation awarded will be proportionally reduced based on your percentage of fault.

For example, if the court finds that you were 30% responsible for the accident, the total damages you are awarded will be decreased by 30%. This means that if you were initially entitled to $100,000 in compensation, you would instead receive $70,000, reflecting your share of the responsibility.

This legal principle emphasizes the importance of a thorough and strategic legal approach when pursuing a personal injury claim in Texas. It underscores the need for comprehensive evidence and expert testimony to accurately establish the extent of each party’s fault and ensure that you receive the maximum compensation possible under the law.

Contact RTRLAW for a Free Personal Injury Case Review Today

At RTRLAW, our team of expert auto accident attorneys are experienced in navigating these complex legal waters. We are committed to advocating for our clients’ rights, meticulously analyzing every aspect of your case to establish the correct percentage of your fault in the case and maximize your economic recovery. Understanding and effectively arguing the nuances of contributory fault can significantly influence the outcome of your case. Our dedicated attorneys are here to guide you every step of the way, helping you achieve the best possible resolution.

If you’ve suffered an injury in Texas that has impacted your ability to work, contact RTRLAW for unparalleled legal support. Our seasoned personal injury attorneys are ready to assist you in navigating your claim and help you receive the compensation you deserve for your lost wages and beyond. Reach out to us for a comprehensive and free case review and personalized legal guidance at our toll-free phone number, 1-833-HIRE-RTR (1-833-447-3787).