Can I Claim My Spouse’s Lost Wages in an Injury Case?

Dealing with injuries is tough, and when your spouse steps up to take care of you, it’s a relief –but it can also put a strain on the family income if they have to miss work. The good news is that in situations like these, you might be able to claim your spouse’s lost wages as part of your personal injury compensation. It’s not just about the physical recovery; it’s about making sure the financial impact is addressed too. This process involves showing how your spouse’s time off work directly connects to the care they’re providing. It can be a bit tricky, but understanding this aspect of compensation is crucial in getting the support you need during your recovery.

What are “lost wages and income” in a personal injury lawsuit?

In a personal injury lawsuit, “lost wages and income” refer to the financial compensation sought for the earnings that an injured person could not earn due to the injury. This category of damages aims to compensate the plaintiff for the income they lost or will continue to lose as a direct result of the injuries caused by someone else’s negligence.

Key points to understand about lost wages and income in a personal injury lawsuit include:

• Current and future losses: “Lost wages” typically refers to the income the injured person would have earned during the time they were unable to work immediately following the accident or injury. “Lost income” may extend to future earnings that are reasonably expected to be affected by the injury, including wages, stocks, retirement contributions, and dividends. It can also extend to benefits like healthcare, which you may need to pay out-of-pocket if neither of you is working.
• Calculation of lost wages: Calculating lost wages involves assessing the income the injured person would have earned if not for the injury. This may include regular wages, bonuses, overtime, and other forms of compensation. The calculation often considers the time missed from work, including days, weeks, or even months.
• Proof of losses: To substantiate a claim for lost wages and income, the plaintiff typically needs to provide evidence. This may include pay stubs, tax returns, employment contracts, or statements from employers detailing the income lost due to the injury.
• Future earning capacity: In cases where the injury results in a long-term or permanent impact on the individual’s ability to work, the lawsuit may seek compensation for the impairment of future earning capacity. This involves estimating the reduced ability to earn income over the person’s remaining working years.
• Medical documentation: Medical documentation is often crucial in establishing the link between the injuries and the inability to work. Statements from healthcare professionals, medical records, and expert opinions may be used to demonstrate how the injuries directly impacted the individual’s ability to earn income.

If your spouse has been caring for you after your accident, and it has caused them to lose income, then this loss can be included in the personal injury lawsuit.

How to prove that you’ve lost wages by caring for your spouse

Proving that your spouse has been caring for you, and because of that has lost income, involves providing documentation and evidence that clearly illustrates the impact on their ability to work. Seeking guidance from an experienced Nashville personal injury attorney is a good first step in the journey to receiving compensation. An attorney can help you understand the legal aspects of including lost income in the personal injury claim, assist in gathering the necessary evidence, and navigate the complexities of the legal process.

Additional steps you can take to establish and support your claim for lost income include:

• Keep detailed records. Maintain detailed records of the time your spouse spends caring for you. Note the hours they devote to caregiving, the tasks performed, and any challenges faced.
• Document employment impact. Clearly document how their caregiving responsibilities have affected their ability to fulfill work obligations. This may include missed workdays, reduced working hours, or any work-related challenges caused by the caregiving responsibilities.
• Communicate with your employer. Your spouse should keep open communication with their employer about the situation. They should be informed about your spouse’s caregiving responsibilities, and if possible, obtain documentation or statements from the employer confirming the impact on your spouse’s work schedule and income.
• Collect pay stubs and employment contracts. Your spouse should gather their pay stubs, employment contracts, and any other relevant employment documentation. These records provide a clear picture of their income before and during the period affected by caregiving responsibilities.
• Seek documentation from healthcare professionals. If applicable, obtain documentation from healthcare professionals that supports the need for their caregiving role. This could include statements from doctors or other medical professionals explaining the extent of your injuries and the necessity of your spouse’s assistance.

Once you have all this information, make sure your Nashville personal injury attorney gets copies of it. We can help you prepare your affidavit (a written statement) outlining how caring for you has affected your spouse’s ability to work and earn income. We can submit this, along with any documentation you provide to us, as proof that you’ve suffered additional financial burdens from the loss of your spouse’s income.

At Rocky McElhaney Law Firm, we understand the challenges faced by individuals caring for their injured spouses, especially when it results in missing work and income. If you find yourself in this situation, our experienced team is here to help. Our goal is to alleviate the financial burden you’re facing and fight for the compensation you rightfully deserve. You don’t have to navigate this complex process alone – let Rocky McElhaney Law Firm be your advocate during this challenging time. Call our office or submit our contact form to schedule a free consultation with a personal injury lawyer in Nashville, Hendersonville, Murfreesboro or Clarksville today.