Lost Wages In Personal Injury Cases
As a general rule, lost wages cannot be speculative in nature. It must be proved with probative and reliable evidence, usually at trial, and entered into evidence through the expert testimony of an Economist. Future lost income must be calculated down to present day value.
There are two types of lost wages: past and future. This is different from loss of earning capacity where the plaintiff is no longer able to earn at the same level due to some physical incapacity caused by the injuries. The plaintiff has the burden of proving that the loss of wages, both past and future were both a factual and proximate cause of defendants negligent of intentional acts.
At trial, the judge has the right to reduce the verdict, including lost wages, if the court deems the calculation of these damages were speculative in nature.