Las Vegas applies Nevada personal injury law, which governs lost wage calculations. If you suffer an injury that someone else is responsible for, Nevada law entitles you to compensation for all of your losses, both economic and non-economic.
One element of your economic losses is lost wages, at least if you miss work because of your injuries. Typically, the term “lost wages” is used loosely to mean various forms of lost income.
Past Lost Earnings
“Past lost earnings” means the earnings you lost from the date of your accident until the day that you filed your personal injury claim. These earnings include several components, as outlined below.
Lost Salary/Wages
If you missed 11 days of work, for example, because of your injury and you work for an hourly wage, it’s easy to calculate your lost earnings. Suppose, for instance, that your wage is $30 per hour, 7 of the 11 days you took off were regular working days, and you normally work 8 hours per day.
In this case, the calculation would be 7 X 8 = 56 (the number of hours of work you missed), and 56 X $30 = $1,680. That is the amount of your lost wages.
But what if you earn a salary of $5,000 per month, with no set number of hours of work? Well, how many hours of work do you average per month? If it’s 200, and if you missed 56 hours of work, then you missed 28% of your monthly working hours. Multiply $5,000 x 0.28 to arrive at $1,400 for lost salary. You might need your employer to verify your estimate of how many hours you average every month.
Lost Benefits, Bonuses, and Commissions
You might be driving a company car, and your employer might be paying for your health insurance, for example. You might regularly receive a bonus or sales commissions. Find a rational way to break it all down into an average of dollars and cents per day, and have your employer confirm your estimate in writing.
Sick Leave and Personal Leave
As long as you know how much a day’s work is worth to you, you can calculate the value of sick leave and personal leave days. You can add these amounts to your claim if you used them, even though you didn’t work those days. That’s because they are a valuable resource that you have depleted even though you might need them later.
Lost Business Opportunities (for the Self-Employed)
The less stable your income is, the harder it will be for you to prove lost earnings. You will probably need to arrive at an hourly or daily figure by averaging your income over a longer period of time–a year, for example. When calculating your lost income as a self-employed worker, be sure to clarify exactly what assumptions you are relying on.
Diminished Earning Capacity
“Diminished earning capacity” refers to the loss of your ability to earn money in the future. This matters if your injuries caused you long-term disability. You will have to estimate the value of your diminished earning capacity, and you will probably need to retain an expert to make sure you get it right. You have to get this one right, however, so you don’t run out of money years down the road.
Special Case: Workers’ Compensation Claims
You probably qualify for workers’ compensation if you suffered a work-related injury (a truck accident or a slip and fall accident, for example). Remember that workers’ compensation is a no-fault system. You don’t have to prove your employer was at fault to qualify for workers’ comp.
Workers’ compensation will probably offer you periodic wage replacement payments. These are equal to two-thirds of your average weekly wage before your accident, up to a maximum specified by state law.
The exact amount you will receive depends on the degree of your disability. If your disability is permanent, you might qualify for a lump sum payment.
Talk to a Personal Injury Lawyer for Help With Your Lost Wages Claim
You should seek the assistance of a personal injury or workers’ compensation lawyer to help you recover all of the damages you are entitled to. This is especially true if you are claiming compensation for long-term lost earning capacity. Since personal injury lawyers charge on a contingency fee basis, don’t worry if you’re short of money while you’re out of work.
It is important to remember two things. First, your claim will probably be resolved by settlement, not trial. Second, your legal bill won’t come due at all unless you win. If you receive no compensation, you will receive no bill for legal services.
Contact a Las Vegas Personal Lawyer at De Castroverde Accident & Injury Lawyers For Help Today
If you’ve been injured in Las Vegas, NV, or the surrounding Nevada area and need legal help, contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
We have three locations in Nevada for your convenience, including Las Vegas, Summerlin, and Henderson. We’re proud to serve Clark County and the surrounding areas.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV 89104
(702) 222-9999
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV 89145
(702) 964-1806
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV 89123
(702) 800-3455
About the Author
Alex De Castroverde earned his law degree from Nova Southeastern University Shepard Broad College of Law and is licensed to practice in Nevada. He is a dedicated trial lawyer who assists clients across Las Vegas in a wide range of legal matters, with a focus on personal injury. Alex has successfully represented clients in cases involving car accidents, catastrophic injuries, truck accidents, motorcycle accidents and more. Click here to learn more about the outstanding case results Alex has achieved for his clients.
