Plaintiffs in personal injury lawsuits commonly claim lost wages. Of note, the same may be said for plaintiffs in medical malpractice lawsuits.聽Read on to discover whether you can sue for lost wages and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C. can help you settle or be awarded a fair amount of financial compensation.
What are lost wages considered in a legal claim?
When a plaintiff cites lost wages in a legal claim, they are referencing the paychecks they have missed out on in the wake of the subject incident. That is, these lost paychecks are directly correlated to their inability to return to work due to their incurred bodily injuries.
Contrary to popular belief, lost wages may be claimed no matter whether a plaintiff’s job is physically demanding. For instance, a plaintiff may be suffering from a mental incapacity or otherwise emotional distress from the subject incident. Such mental and emotional suffering may hinder their job performances if their expected duties require critical thinking and overall mental strength.
Can I sue for lost wages after my medical malpractice incident?
Unfortunately, it is rather likely that your medical malpractice incident has left you in a physical, mental, or emotional state where you can no longer perform your job duties. In this case, you may sue a negligent medical professional for your lost wages.
With this, you must accurately calculate the amount of earned income you have missed out on thus far. You may do so by taking your pre-incident weekly, monthly, or yearly earnings and multiplying it by the number of weeks, months, or years missed, respectively. Also, you must add any additional financial factors associated with your past employment. More specifically, you must account for any overtime compensation or bonus pay you would have earned, any healthcare and 401k plans you have lost, and any other company perks you have missed out on. Lastly, you must back up your claim for lost wages with tangible evidence. Examples may include, but may not be limited to, your past pay stubs, your past tax filings, a copy of your W-2 form, and more.
It is also worth mentioning that you may claim your diminished future earning capacity in addition to your past lost wages. This is relevant if your incurred bodily injuries are life-altering or permanent. Therefore, it may be unlikely for you to return to your field of work again. This may force you to start from square one, with having to return to school, take a lesser-paying position, or otherwise.
For these reasons alone, you must hire an expert forensic economist for your legal claim. In addition, you must retain the services of a competent New York City medical malpractice attorney. Contact our Mark L. Bodner, P.C. office today.