How Do I Recover Lost Wages After an Accident in California?
Lost wages are recoverable economic damages: the income you actually missed because of your injuries, proven with pay records and a doctor’s work restrictions. California also allows recovery for lost earning capacity — reduced ability to earn in the future — and self-employed people can recover lost profits with the right documentation.
Missed work? Those checks count — 24/7.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
What counts as lost wages?
Everything your injury cost your paycheck: missed shifts and salary, used sick and vacation time (you spent an asset — it counts), lost overtime you regularly worked, missed bonuses and commissions, and unpaid time off for medical appointments. The measure is what you would have earned, so variable income counts too — it just takes more proof.
How do I prove them?
Two pillars: medical — a provider’s written work restrictions covering the missed period (missing work without a doctor saying you couldn’t work is nearly unprovable); and financial — pay stubs before and after, an employer letter stating your rate and missed time, W-2s, or tax returns. Start collecting from week one; reconstructing a year later is much harder.
What if I’m self-employed or paid in cash?
Still recoverable — with heavier documentation. Self-employed claimants use tax returns, invoices, profit-and-loss statements, and lost-contract evidence to show what the injury cost the business. Cash earners can use bank deposits, customer statements, and industry-standard rates. Informal income makes proof harder, not impossible — and it’s a problem to solve at intake, not to hide. En español: sus derechos no dependen de sus papeles.
What is lost earning capacity?
Compensation for the future: when injuries permanently reduce what you can earn — you can’t return to your trade, can’t work full hours, can’t lift what the job requires. California juries may award it when the capacity loss is reasonably certain (CACI No. 3903D); serious cases prove it with vocational and economic experts. This is routinely the largest component of a serious-injury case and the most commonly missed by unrepresented claimants.
Will using sick leave or disability benefits reduce my claim?
Generally no — under California’s collateral source rule, compensation you arranged for yourself (sick leave, State Disability Insurance) doesn’t excuse the at-fault party. SDI has a reimbursement right from your recovery, which gets handled like the other paybacks at settlement — see how much of my settlement do I keep?
Bring your pay stubs. We’ll do the math.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
