How Do You Prove Lost Wages in Texas?

To prove lost wages in a personal injury case in Texas, the plaintiff must provide evidence that demonstrates the actual loss of income due to the inability to perform a specific job from the time of injury to the time of trial. This can be shown through the plaintiff’s testimony, employment records, or other documentation that quantifies the amount of wages lost during the period of incapacity. Dawson v. Briggs, 107 S.W.3d 739. The plaintiff must also establish a causal nexus between the injury and the lost wages, which can be supported by testimony or other evidence linking the injury to the inability to work. Jackson v. Gutierrez, 77 S.W.3d 898.

Additionally, the plaintiff must present evidence of their earning capacity prior to the injury, which can include past earnings, salary, commissions, and other benefits. This evidence allows the jury to reasonably measure the plaintiff’s earning capacity before the injury and compare it to the diminished capacity resulting from the injury. Kroger Co. v. Milanes, 474 S.W.3d 321, Strauss v. Cont’l Airlines, Inc., 67 S.W.3d 428. The plaintiff is required to prove the loss of earning capacity with reasonable certainty, and the jury’s decision must be based on available facts rather than conjecture. Koko Motel v. Mayo, 91 S.W.3d 41, Pilgrim’s Pride Corp. v. Smoak, 134 S.W.3d 880.

Do You Include Taxes in Your Lost Wages Calculation?

In cases where the plaintiff seeks recovery for loss of earnings, the evidence must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability pursuant to federal income tax law. The court will instruct the jury on whether any recovery for compensatory damages is subject to federal or state income taxes. Sec. 18.091. Proof of Certain Losses; Jury Instruction.

Contact Our Experienced Personal Injury Lawyers to Handle Your Lost Wages Case

Call us today for a FREE consultation regarding your lost wages case. Our personal injury lawyers can help you present the best lost wages case possible to the insurance company. Call (855) 545-1777 to speak to our personal injury attorneys directly.