Can I Recover Future Lost Income After a Personal Injury in Virginia?

Rutter Mills Law Firm

Can I Recover Future Lost Income After a Personal Injury in Virginia?

Personal Injury Info

While direct medical expenses are essential in the short-term, future lost wages or loss of earning capacity claims can add a substantial amount to a settlement and impact how well a survivor can exist throughout a lifetime. In most cases, it is possible to recover future lost income following a serious personal injury in Virginia. This type of compensation is allowed, but it is often hotly contested by the opposing side, which is why it is crucial to work with Rutter Mills’ personal injury lawyers. We have a proven track record in achieving maximum compensation on behalf of injury victims so that they can focus on their recovery.

Who can claim future lost wages?

Victims of negligence, recklessness, or willful misconduct can claim future lost wages when:

  • A medical doctor verifies the injuries sustained will have a permanent physical or psychological impact.
  • The injured victim suffers intense physical pain and mental anguish due to the accident.
  • Disfigurement, deformity, humiliation, or embarrassment will limit future job prospects.
  • The injury survivor must quit working or change professions due to new physical or mental limitations.
  • A homemaker cannot contribute to the household in the same capacity as before the injury.

Accident survivors can still claim “loss of future earning capacity” if they return to work but are not as alert, productive, or efficient at the job. They can also claim lost earning capacity if they were unemployed at the time of the accident but expected to return to work in the future. In some cases, individuals may change careers and make more money but may still file a valid claim due to losing the ability to choose how to earn a living.

What factors affect how much loss of future wages can be claimed?

In determining the amount of future wages to award, the courts will look at the following:

  • The specific injuries sustained and the doctor’s prognosis
  • The recovery process and the likelihood of injuries becoming permanent
  • The profession held by the accident victim and the demands of that career path
  • Work history before the accident, including the history of raises and advancements
  • Salaries, wages, bonuses, sick leave, vacation time, benefits, 401k contributions, and advancements
  • The injured victim’s life expectancy and remaining work-life expectancy
  • The predicted cost of living increases, inflation, and future tax burden
  • Current economic conditions, future market outlook, and future job availability

How are future lost wages determined in Virginia?

At the most basic level, the courts will take the current gross salary (not the net salary after taxes) — and multiply it by the number of years a person would typically work. For instance, a person earning $50,000 at age 35 should expect at least $1.5 million in future lost income for the 30 years they can no longer work. Additional amounts can be added based on the factors mentioned above.

Hourly workers or self-employed business owners can use tax returns to demonstrate annual earnings before the accident. Signed contracts may be used to verify work lined up before the accident that can no longer be completed due to physical and mental limitations.

It can be challenging to put a value on a person’s contribution to the household. Still, Virginia courts will consider housework like cooking, cleaning, childcare and guidance, yard maintenance, transportation, obtaining goods and services, and caregiving to other family members.

What can you gain in working with a lawyer for your lost future wages claim?

Whether you’re up against a negligent defendant or an insurance company, no one will take your word that you can no longer work to the total capacity. Even if you’re clearly in a wheelchair or horrifically maimed, the other side can dispute the impact of the injuries sustained and the value of the lost work.

At Rutter Mills, our experienced personal injury attorneys work with outside experts who can lend credence to your claim. Outside medical professionals can testify to the severity of your injuries and the potential for future incapacitation and verify the impact your recovery has had (and will likely continue to have) on your work. Our economic consultants are adept at providing a solid economic outlook, calculating the cash value of your health/disability/retirement benefits, and making an irrefutable case for inflation and cost-of-living adjustments.

Contact us at Rutter Mills for a free consultation

The burden of proof ultimately rests on the plaintiff in these cases, so you must hire a personal injury lawyer with the resources and determination to fight for maximum compensation. You pay nothing until we put money in your pocket. Call Rutter Mills for a free consultation.

Personal Injury Lawyers

Personal Injury Lawyer Resources – Areas Served

Contact a Rutter Mills attorney to speak about your case today.

Consent
This field is for validation purposes and should be left unchanged.
EXPERIENCE
0
+

Years Helping Truck Accident Victims

LOCATIONS
0

Convenient Offices

TEAM
0
+

Team members ready to help.

TESTIMONIALS

You don’t have to worry about the bills, just get healthy.

Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

Get Back On Track

Protecting Your Future

Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

Who Do You Trust With Your Family?

After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

Who Can You Turn To?

Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

When You Need Someone In Your Corner

Don’t Go It Alone

When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

Getting The Justice You Deserve

When Mom Needs Strength

Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens

Priorities

A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

Watch his 30 second testimonial video
Watch Glenn's 30 second story
Watch Dan's 30 second video
Watch Larena's 30 second story
Watch Jamaree's 30 second video
Watch Levon's 30 second video
Watch Ed's 30 second story
Watch Carl's 30 second video
TESTIMONIALS How We Helped