Can you claim lost wages due to a medical malpractice injury?

On Behalf of | Aug 2, 2023 | Personal Injury |

Injuries due to others’ negligence can take a heavy toll on several aspects of the victims’ lives. Not only do victims experience the physical and emotional effects of their injuries, but they also suffer from financial losses. Usually, medical malpractice victims have to skip work for days, weeks or months to recover and focus on their treatment. Sadly, others permanently lose their ability to work because of the injury.

Loss of income and future wages is part of compensatory damages

Fortunately, victims of medical malpractice can receive compensation for loss of income and future wages as part of compensatory damages for their injuries. The purpose of awarding compensatory damages is to put the victim back in the position they would have been in if it were not for the negligent act.

However, these damages are only available if the claimant successfully proves the elements of medical malpractice which are:

  • There is a doctor-patient relationship.
  • The medical professional has a duty to adhere to the medical standard of care while performing their obligations.
  • The medical professional failed to adhere to the medical standard of care.
  • The failure is the direct cause of the victim’s injury.
  • The injury brought about economic and noneconomic damages to the victim.

Under Minnesota laws, an act, omission or negligence is a direct cause if it had a substantial role in inflicting the injury to the victim.

Evidence to prove lost wages

The person claiming lost income and future wages must submit evidence to the court to support their claim. Some evidence to prove these economic damages include the following documents:

  • Employment records
  • Document showing salary, such as pay slips
  • Employer-issued wage verification letter
  • Income tax returns
  • List of employment benefits

On top of these records, the injury victim can submit a document from the doctor stating the duration that they have to take time off work.

Seeking compensation for your injury will most likely be challenging. However, it is not impossible. With proper preparation and expert guidance, you can adequately support your claim.

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