An injury may keep you from working even when your pay changes from week to week. If you freelance, run a business or earn commissions, your income might rise and fall during the year. That variation could make it harder to show how much income you lost.
In Virginia, you may include lost earnings in a personal injury claim when an injury keeps you from working. You will need evidence that shows how much income you lost. If your pay varies, your past work and earnings may help establish what you likely would have made.
Use past records to show your usual income
Your financial history may provide a useful basis for comparison. Tax returns could show how much you earned in prior years. Invoices might also show how much work you completed before the injury and how your workload changed over time.
Looking at more than one period may help when your income changes by season. One unusually busy or slow month could give an incomplete view of your normal earnings. If you own a business, your books might also help separate company revenue from the income you personally receive.
Compare your work before and after the injury
An insurer may dispute how much of your lost income resulted from the injury. A slow month could have happened even without the accident. Recent growth in your work might also make an older annual average less useful.
Records from just before the injury may help explain the difference. Booked jobs could show work you expected to complete. Medical notes that describe your work limits might also connect the injury with the work you missed afterward.
Prepare for the claims process
A lost-income claim may involve a closer review when your pay changes from month to month. You might need to explain how your work usually produces income and why the injury reduced what you earned.
Consider keeping the key documents tied to your work and medical limits in one place. Having that information ready could make it easier to respond to requests, explain changes in your earnings and move through the claims process with a more complete record.
