When you suffer an injury because of someone else, you can face financial harm that goes far beyond medical bills. Two of the most important losses in a personal injury claim are lost wages and lost earning capacity. People often confuse these terms. Knowing the difference can help you protect your future and fight for the compensation you deserve with a trusted personal injury attorney in Richmond, VA, guiding you at every step.
At The Johnson Injury Firm, we know how stressful it feels when your income stops. We also know how difficult it can be to understand legal terms after a crash or injury. We explain these key concepts in simple terms, so you know what to expect from the legal process and how we fight for you.
What Are Lost Wages?
Lost wages are the income you have already missed because of your injury. These are actual earnings you would have received if you had not been hurt and had missed time from your job. The law calls this economic loss.
Common Examples of Lost Wages
You can claim lost wages when your injury keeps you from:
- Working your normal job after an accident
- Attending scheduled hours that pay you hourly wages or a salary
- Earning overtime pay, you would have received
- Getting bonuses, commissions, or tips you lost because of missed work
To prove lost wages, you need documentation. That often includes pay stubs, employer statements, tax forms, and proof of the hours you missed. Our Richmond injury attorneys work with accountants and vocational experts to calculate every dollar you lost because of your injury.
What Is Lost Earning Capacity?
Lost earning capacity refers to your reduced ability to earn income in the future. This applies when an injury affects the type of work you can do or how much you can earn over time. This loss matters most in cases involving permanent or long-term injuries.
When Lost Earning Capacity Applies
Lost earning capacity may apply if:
- You could work full-time before the injury, but you can only work part-time now
- Your employer can no longer hire you because of physical limits
- You are forced to take a lower-paying job because of your injury
These changes reduce what you could have earned over your lifetime. Lost earning capacity focuses on future income loss, not past paychecks. Calculating this loss requires medical opinions and economic analysis. A Richmond injury attorney plays a key role in building this part of your case.
Why the Difference Matters in Your Personal Injury Claim
Your total economic damages may include both lost wages and lost earning capacity. Insurance companies often try to pay only for wages you already lost. They may ignore future income losses altogether. This tactic can leave injured people undercompensated for years to come.
Lost wages cover past income loss. Lost earning capacity covers future earning loss. Both must be clearly supported with evidence to be recovered in a settlement or trial.
How Evidence Supports Your Claim
Strong evidence is essential to recover compensation for income-related losses. This evidence shows what you earned before the injury and how your ability to earn has changed.
Key Evidence Used in These Claims
- Employer records showing hours missed and pay rate
- Pay stubs before and after the injury
- Tax returns to confirm income history
- Medical reports showing work limitations
- Expert opinions on future earning ability
As a personal injury lawyer in Richmond, we know insurers will challenge income claims. We prepare every case with detailed proof so your losses are taken seriously.
The Role of Medical Records
Medical records are critical in both lost wages and lost earning capacity claims. These records show the severity of your injury and how it limits your ability to work. Without clear medical support, insurers often argue that you could return to work sooner or earn the same income.
Seeking medical care right away protects both your health and your claim. Delays in treatment can weaken the link between your injury and your income loss.
How Virginia Law Affects Compensation
Virginia personal injury law can impact your right to recover damages. Virginia follows a contributory negligence rule. If you are found even partially at fault, you may be barred from recovering compensation.
Virginia also enforces strict filing deadlines. Missing the statute of limitations can end your case before it begins. A Richmond injury attorney helps protect your claim from these risks.
How We Pursue Full and Fair Compensation
At The Johnson Injury Firm, we build claims that reflect the full impact of an injury. That includes income loss now and in the future.
Our Approach
- Review medical and employment records
- Calculate lost wages and future earning losses
- Work with economic and medical experts
- Negotiate directly with insurance companies
- Prepare cases for trial when needed
We approach each case with focus and urgency. Insurance companies move fast to limit payouts. We move faster to protect our clients.
Examples of Lost Earning Capacity Cases
Lost earning capacity claims arise in many professions and industries.
Common Scenarios
- A construction worker can no longer perform physical labor after a back injury
- A delivery driver loses mobility and must change careers
- A skilled professional faces reduced opportunities because of chronic pain
In each situation, compensation reflects the difference between what the person could have earned and what they can earn after the injury.
What to Expect When You Work With Us
Your case begins with a free consultation. We review your injury, your job history, and how your income has been affected.
During the Consultation We:
- Explain your legal rights under Virginia law
- Identify all potential income losses
- Outline the next steps in your claim
- Answer your questions directly
We handle cases on a contingency fee basis. You pay nothing unless we recover compensation for you.
Know Your Rights and Protect Your Future
Understanding the difference between lost wages and lost earning capacity is critical after an injury. These losses can affect your financial stability for years.
As your personal injury attorney in Richmond, VA, we work to recover every dollar the law allows. If someone else caused your injury, do not settle for less than what your future is worth.
