How to calculate wage loss claim in a personal injury case?

Asked almost 2 years ago - Santa Rosa, CA

I'm an independent contractor, and that is my only source of income, and I have a wage loss claim against a company for personal injuries. How do they calculate my wage loss? Is it based on my net income or my gross income?

Attorney answers (10)

  1. David Lee Fiol

    Contributor Level 17

    7

    Lawyers agree

    Answered . They are obliged to pay your gross lost income. Keep in mind that you may need to declare any recovery on your tax return, but that is a matter to take up with your tax consultants.

  2. Sean Michael Patrick

    Contributor Level 17

    5

    Lawyers agree

    Answered . These nuances are why people can benefit from engaging an attorney. PI claims aren't always as straightforward as they may seem. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  3. Timothy Leo Bowden

    Contributor Level 14

    6

    Lawyers agree

    Answered . it varies. usually they will want to look at your taxes, or past contracts. this isnt something you want to handle on your own. contact a local attorney who participates on this site. they can help.

  4. Constantine D. Buzunis

    Contributor Level 17

    4

    Lawyers agree

    Answered . You have the burden of proof for your wage loss claim and it needs to be based on past earning history that is verifiable. You will likely need an economic expert to look at the issue and testify after a review of your earnings history? You may also have not only a past lost income based on gross income, but a future loss of income and a future loss of earning capacity? Your lawyer should be guiding you through this process.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  5. George Costas Andriotis

    Contributor Level 20

    5

    Lawyers agree

    Answered . Gross income is used and being that your self employed they will take an average typically using your previous years tax return to calculate.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  6. Robert Bruce Kopelson

    Contributor Level 20

    3

    Lawyers agree

    Answered . You need to establishe liability for the crash and injury, then you need to prove that it was reasonable and necessary for you to miss _____ days of work. Then you have to show that you had work available and the amount of money you would have made on those jobs.

  7. Robert Andrew Michael Burns

    Contributor Level 18

    3

    Lawyers agree

    Answered . I think that this has been well answered already. If you have a lawyer, you should get your information there. If you go to Small Claims Court, you'll effectively get some assistance from the Judge. If you don't already have an attorney you might want to pay one on an hourly basis to guide you at times.

  8. Jeffrey Mark Adams

    Contributor Level 20

    4

    Lawyers agree

    Answered . What does your attorney say?

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  9. Sagi Shaked

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . The answer will vary from state to state. You will need to substantiate your wage loss with tax returns, 1099s, your accounting records, etc. you red to have your paperwork in order as the defense will scrutinize each and every document and look to do anything not to pay your lost wages. That said, depending on what state your in, your gross income will be awarded to you if you ca prove same. Of course, you will need to pay taxes on any

  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . An economic expert would typically be retained to work it up. Your lawyer will likely get one, unless he/she is cheap.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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