How to Calculate Lost Wages in Personal Injury Cases in Washington
Calculating lost wages in personal injury cases is a crucial aspect that affects the total compensation a victim can receive. If you are pursuing a personal injury claim in Washington, understanding how to accurately compute lost wages can significantly bolster your case. Below is a detailed guide on how to approach this calculation.
1. Gather Relevant Documentation
Start by collecting all necessary documents that provide proof of your earnings before the injury. This may include pay stubs, tax returns, and W-2 forms. If you are self-employed, gather business records that highlight your income levels during the months leading up to your injury.
2. Determine Your Average Weekly Earnings
To calculate lost wages, first determine your average weekly earnings (AWE). If you work a regular 40-hour week, simply multiply your hourly wage by the number of hours worked. For example, if you earn $20 per hour, your AWE would be:
AWE = $20 (hourly wage) x 40 (hours worked) = $800.
If your income varies, take the total income earned over the last year and divide it by the number of weeks worked during that year. This will give you a more accurate representation of your earnings.
3. Calculate the Duration of Lost Work
The next step is to determine how long you were unable to work due to your injury. Keep track of all missed workdays and document them carefully. If you were under a doctor's care, obtaining a medical release or note can help support your claim regarding the duration of lost work.
4. Multiply AWE by the Number of Weeks Lost
Once you have both your average weekly earnings and the duration of lost work, the calculation becomes straightforward. Multiply your AWE by the number of weeks you missed work. For example, if you were out of work for 10 weeks, your total lost wages would be:
Total Lost Wages = AWE x Number of Weeks Lost = $800 x 10 = $8,000.
5. Consider Additional Income Losses
If relevant, factor in any additional monetary losses that resulted from your injury. This could include missed bonuses, overtime opportunities, or commissions if you’re in a sales position. Document these losses thoroughly as they can significantly impact your total claim.
6. Consult with a Professional
It's wise to consult with a personal injury attorney in Washington who can provide you assistance and ensure that all aspects of lost wages are comprehensively addressed in your claim. An attorney can also help recover damages for future lost wages if the injury has long-term implications on your ability to work.
7. Keep Detailed Records Moving Forward
Maintain detailed records of your ongoing wage loss until the resolution of your case. This includes all medical appointments and rehabilitation sessions, which might affect your work capacity. Detailed documentation will support your claim and can help avoid disputes later on.
Conclusion
Calculating lost wages in a personal injury case in Washington involves careful documentation and precise calculations. Understanding these steps will not only help you to obtain fair compensation but also enable you to present a strong case. Always consider consulting with legal professionals to ensure you’re taking all necessary steps in your personal injury claim.