If your injury has caused you to miss work, or if you’re unable to return to work for a prolonged period, you may be entitled to recover the income you’ve lost. We specialize in helping dog bite victims in Albuquerque recover not just medical expenses but also the wages they’ve lost due to their injury. Whether you’ve missed a few days or several months of work, our legal team will ensure that you’re compensated for the financial impact on your livelihood.
What Is Covered Under Lost Wages and Income Recovery?
Understanding What You Can Claim in Lost Wages Compensation
When you file a claim for lost wages and income recovery, it may cover more than just the immediate workdays you’ve missed. You may be able to recover:
- Lost Wages from Missed Workdays: Compensation for any days, weeks, or months you’ve been unable to work due to your injury.
- Loss of Future Earning Capacity: In New Mexico, if your dog bite injury causes long-term or permanent disability, you may be entitled to recover compensation for lost future earning capacity.
In New Mexico, dog owners can be held liable for dog bite injuries if they were negligent in controlling or restraining their dog. Liability depends on whether the owner took reasonable steps to prevent the bite, such as following leash laws.
Compensation for future lost income is based on how much your earning capacity has been diminished due to the injury. This often requires expert testimony from vocational and medical professionals to demonstrate how the injury affects your ability to work long-term. - Loss of Benefits: Compensation for lost job-related benefits, such as healthcare or retirement contributions, due to missed work.
- Self-Employed Income Loss: If you are self-employed or own a business, you can recover lost income based on the earnings you would have made if not for your injury.
- Bonuses, Commissions, and Overtime: If you missed out on performance bonuses, sales commissions, or opportunities for overtime pay, these can also be included in your claim.
How Are Lost Wages Calculated?
Calculating Lost Wages and Income in a Dog Bite Case
Lost wages are calculated by determining the income you would have earned during the time you were unable to work. This calculation can include past lost wages as well as future lost wages if the injury has long-term effects on your earning capacity. This calculation can include:
- Hourly or Salary Rate: For hourly or salaried employees, lost wages are calculated by multiplying the time missed by your hourly rate or prorated salary.
- Overtime and Bonuses: If you regularly earn overtime pay, bonuses, or other performance-based earnings, these will be factored into your lost wages calculation.
- Self-Employed or Contract Work: For self-employed individuals, proving lost income requires documentation such as tax returns, financial statements, and contracts. Courts typically use historical earnings to project future income losses.
Our legal team will work with you to gather the necessary documents, such as pay stubs, tax returns, or business records, to accurately calculate your lost wages and ensure you receive fair compensation.
How We Can Help You Recover Lost Wages
We’ll Fight to Recover the Full Income You’ve Lost Due to Your Injury
We understand the financial stress that missing work can create. That’s why we fight aggressively to ensure that you recover every dollar of income you’ve lost due to your dog bite injury. Here’s how we help:
- Gather Employment and Income Records: We’ll work with you to collect pay stubs, tax documents, or business income records to accurately calculate your lost wages.
- Collaborate with Vocational Experts: In addition to working with medical professionals, we’ll engage vocational experts to provide testimony on how your injury has affected your ability to work, ensuring that your claim for lost wages or diminished earning capacity is backed by solid evidence.
- Handle Insurance Company Negotiations: Our legal team will handle all negotiations with the dog owner’s insurance company to ensure you receive full compensation for lost wages, future income, and benefits.
- Prepare for Court if Necessary: If the insurance company fails to offer a fair settlement, we’re prepared to take your case to court to ensure you get the compensation you deserve. Claims for future earning capacity require both medical and vocational expert testimony to establish how the injury impacts your ability to continue working in your previous capacity or profession.
Signs You May Be Entitled to Lost Wages Compensation
How to Know if You’re Eligible for Lost Wages Compensation
- You Missed Work Due to Your Injury: If you’ve missed any workdays, you may be entitled to recover the wages you’ve lost.
- Your Injury Prevents You from Returning to Work: Albuquerque’s local ordinances impose specific rules regarding leash laws and dangerous dogs, which play a critical role in dog bite cases. In New Mexico, dog owners are typically held liable for dog bites if they acted negligently, such as by not following leash laws, even if the dog has no history of aggressive behavior.
- Your Self-Employed Income Has Dropped: If you own a business or work as a freelancer, any loss of income due to your inability to work may be recoverable.
- You’ve Lost Job-Related Benefits: If your missed work has resulted in the loss of job-related benefits such as healthcare coverage, retirement contributions, or other perks, these losses can be included in your compensation claim.
If any of these apply to you, it’s important to speak with a dog bite lawyer as soon as possible to secure compensation for the income you’ve lost.
Frequently Asked Questions
FAQs About Lost Wages and Income Recovery
What if I’m self-employed? Can I still recover lost income?
Yes, if you’re self-employed, you can still recover lost income. Our legal team will help you gather tax returns, business records, or client contracts to accurately calculate the earnings you missed due to your injury.
How far into the future can I claim lost wages?
If your injury results in long-term or permanent disability, you can claim compensation for future lost wages, also known as loss of earning capacity. This involves calculating the difference between what you were earning before the injury and what you can earn post-injury, based on medical and vocational expert testimony.
Do I need to provide proof of my income?
Yes, to claim lost wages, you’ll need to provide proof of income, such as pay stubs, tax returns, or other financial records. Our team will guide you through the process of gathering and submitting the necessary documentation.