Getting lost wages in an injury case is more difficult than getting medical care because the court applies a “proven with specificity” standard and prevents speculation as to what they might have been. This presents massive problems for people that have a cash income because if they are not paying taxes, then to claim it is tax fraud. Additionally, unless it is rock solid that income will be down, the courts will just throw it out.
In April 2019, a federal appellate court issued a written opinion in a Georgia personal injury case discussing the plaintiff’s claim for future lost wages. Ultimately, the court rejected the plaintiff’s claim, finding the evidence of any decrease in future income to be too speculative.
According to the court’s written opinion, the plaintiff was sitting in her car, stopped at a red light, when an employee who worked for the defendant rear-ended her. The plaintiff sustained serious injuries as a result of the accident. Specifically, the plaintiff suffered “a whiplash-type injury to her cervical spine, wrist swelling, and facial bruising with a minor laceration.” Additionally, the plaintiff claimed that her previous back injuries were exacerbated.