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Lost Wages Proof: Building Strong Economic Cases | Carabin Shaw
Lost Wages Proof: Building Strong Economic Cases
Lost wages after a car accident in San Antonio are recoverable, but only if they are properly documented and presented. Insurance adjusters routinely challenge wage loss claims by questioning whether the injury actually prevented the victim from working, whether the time off was medically necessary, and whether the income figures are accurate. Anticipating those challenges before they arise is how strong economic cases are built.
Video Transcript
I’m Jamie Shaw with Carabin Shaw in San Antonio. How long do you actually have to file a car accident claim in Texas? Generally two years from the date of the crash. Miss that deadline and the court can throw your case out, no matter how strong it is. People think two years is plenty, so they wait. But evidence disappears, witnesses forget, and the insurance company uses that delay against you. And watch out — claims against a government vehicle can have deadlines as short as six months. Don’t guess. If you’ve been hurt in a San Antonio crash, call Carabin Shaw. Free consultation and you pay nothing unless we win. 210-222-2288.
What Lost Wages Cover in a Texas Car Accident Claim
Lost wages in a Texas car accident claim include the income the victim actually lost from the date of the crash through the date of maximum medical improvement, as well as future lost earning capacity when the injury produces permanent limitations. The San Antonio car accident attorneys at Carabin Shaw build lost wages cases that cover every category of economic loss — base salary, overtime, bonuses, commissions, self-employment income, and the value of benefits that were lost during the period of disability.
The Difference Between Lost Wages and Lost Earning Capacity
Lost wages is the income actually lost during recovery. Lost earning capacity is the reduction in the victim’s ability to earn income in the future due to permanent injuries. A 35-year-old electrician who suffers a spinal injury that prevents them from performing physical labor has lost not just the wages from their recovery period, but potentially decades of earning capacity at their pre-injury wage level. Establishing that future loss requires vocational rehabilitation experts and economic analysts who can project the lifetime earnings differential.
Documentation That Supports a Lost Wages Claim
The foundation of a lost wages claim is the treating physician’s documentation that the injury prevented the victim from working during the claimed period. A note that says “patient should rest” is not sufficient — the documentation needs to specify the functional limitations that made work impossible and the expected duration of those limitations. Pay stubs, W-2 forms, tax returns, and employer records establish the baseline income. A letter from the employer confirming the dates of absence and the income lost during that period adds a layer of corroboration.
Self-Employment and Variable Income
Self-employed victims face additional documentation challenges because their income is not reflected in a regular pay stub. Tax returns for the two to three years before the crash establish the baseline. Bank records showing the reduction in business income during the recovery period corroborate the loss. A forensic accountant can analyze the business records and present the income loss in a format that withstands scrutiny from the defense.
Overtime, Bonuses, and Benefits
Insurance adjusters frequently limit lost wages calculations to base salary, ignoring overtime that the victim regularly worked, bonuses that were missed during the recovery period, and the value of employer-provided benefits — health insurance, retirement contributions, paid time off — that were affected by the injury. A complete lost wages analysis includes every component of the victim’s total compensation package.
The Employer’s Role in the Claim
An employer who is cooperative can provide a detailed letter confirming the victim’s position, compensation structure, dates of absence, and any changes to employment status resulting from the injury. Some employers are reluctant to provide this documentation for fear of involvement in litigation. A formal legal request or subpoena may be necessary to obtain complete employment records when the employer is uncooperative.
Future Lost Earning Capacity: The Long-Term Calculation
When injuries are permanent, the economic damages extend far beyond the recovery period. A vocational rehabilitation expert assesses the victim’s pre-injury occupation, the physical and cognitive demands of that work, and the limitations imposed by the permanent injury. An economist then calculates the present value of the lifetime earnings differential — the difference between what the victim would have earned without the injury and what they can now earn given their limitations. The Bureau of Labor Statistics occupational employment data for the San Antonio metropolitan area provides the wage benchmarks for these calculations.
Social Security Disability and Lost Earning Capacity
When a car accident injury is severe enough to qualify the victim for Social Security Disability Insurance (SSDI), the SSDI award is evidence of the permanent nature of the disability. However, SSDI benefits are not a substitute for the full lost earning capacity damages available in a personal injury claim — they represent a fraction of the economic loss. The personal injury claim can recover the full lifetime earnings differential that SSDI does not cover.
According to TxDOT crash records, serious injury crashes in Bexar County produce significant economic losses for injured workers each year. Carabin Shaw has handled these cases across San Antonio for over three decades. The firm takes cases on a contingency basis — no fee unless the case is won. Call (800) 862-1260 to speak with an attorney about the full economic value of your case.