Can I Recover Past or Future Lost Wages/Income in a Personal Injury Case?
I’m missing work. I lost my job. Can I recover my lost wages? What about future wages? These are all difficult and trying realities confronted by those injured in car accidents, or other personal injury-causing events. Of course, the answer is “Yes”. As attorney Eric T. Kirk will tell you, if you are injured by the negligence of another and are kept out of work by a doctor, the wages you’ve lost are recoverable.
For less severe injuries, I frequently see situations wherein the injured person is able to return to or keep working, within limitations on lifting or other activity. If you are given a “light duty” or part-time duty restriction by your doctor, you’re entitled to recover the difference between what you actually make, and what you would have made working full duty. An experienced Baltimore personal injury lawyer can assist you in recovering your lost wages. But it is not always easy. A similar, but more complex situation is presented where someone is seriously injured, and can no longer return to their former employment for medical reasons, or were terminated from their job? The burden of proof is higher, and the evidentiary requirements are more stringent, but
Baltimore Personal Injury Lawyer Tip: In appropriate circumstances, a significantly injured plaintiff may recover for a loss of future earning capacity.
The nature of this claim is explored in another chapter in this series. In this situation, a personal injury attorney will always have a discussion with his or her client about the obligation to diligently look for work and keep records. “The duty to mitigate damages serves to reduce the amount of damages to which a plaintiff might otherwise have been entitled had he or she used all reasonable efforts to minimize the loss he or she sustained as a result of a breach of duty by the defendant.” Hopkins v Silber [Md. App., 2001] [citations and internal quotations omitted].
How to Demonstrate a Good-Faith, Thorough Job Search After a Baltimore Car Accident
- Step 1: Assess Your New Work Capacity
Start by working with your treating physician or vocational rehabilitation expert to understand what kinds of jobs you are physically and mentally able to perform after your accident. Document restrictions, such as lifting limits, sitting/standing tolerances, or cognitive limitations, because this medical information shapes the boundaries of your job search.
Baltimore Personal Injury Lawyer Tip: This log will be discoverable in subsequent litigation. - Step 2: Identify Transferable Skills
Review the skills and experience you gained from your prior job, and identify which ones can apply in new industries. For example, communication, scheduling, customer service, or computer proficiency may translate into administrative, clerical, or sales positions, even if your old job involved heavy labor.
- Step 3: Research Available Opportunities
Conduct a wide-ranging search across multiple platforms: online job boards (Indeed, LinkedIn), local workforce agencies, state employment services, and trade organizations. A good-faith effort means casting a wide net rather than focusing only on a narrow set of roles. Keep a written log of each site you checked, when, and what positions you reviewed.
Online Resources:
Maryland Workforce Exchange (MWE):
Baltimore County Government Careers:
Baltimore City One-Stop Career Centers:
Baltimore County Career Centers:
MOED Job Seeker Services: - Step 4: Apply Regularly and Broadly
Submit applications consistently, not sporadically. A thorough search often means applying to multiple jobs each week. Tailor resumes and cover letters to highlight transferable skills and your ability to meet the essential duties of the new role. Keep copies of all applications, confirmation emails, and job descriptions.
- Step 5: Use Professional Assistance
Engage state or private vocational rehabilitation counselors, workforce development programs, or re-training workshops. Participation in these services shows seriousness and initiative. Document attendance, advice received, and steps taken in response to their guidance.
- Step 6: Network Within Your Community
Attend job fairs, professional association meetings, and community employment events. Reach out to prior colleagues or supervisors for leads. Even if networking feels uncomfortable, recording these contacts and follow-ups demonstrates persistence and breadth in your search.
- Step 7: Consider Re-Training or Certification
If your accident prevents you from returning to your prior line of work, short-term training or certification programs may open new fields. Enrolling in community college classes, online courses, or industry certifications can supplement your job search and show adaptability.
Baltimore Personal Injury Lawyer Tip: An injured plaintiff looking to recover future lost wages, if and when healed, must almost always look for work that is available to them within any limitations imposed by there injury.
Lost wage claims can become intricate. I would encourage any injury victim wanting to pursue this type of claim to consult an experienced personal injury attorney to determine the amount of the lost wage claims, and what will be necessary to prove it. If you’ve been injured, I’d be honored to personally meet with you to go through the specifics of your claim. This initial legal analysis and case opinion is a complimentary service I offer to my prospective clients.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
