Researched and cited by our editorial team, not a law firm
Lost Wages Calculator: Wages Lost and Lost Earning Capacity
Documented
Economic damages
$9,700
Medical bills plus lost wages
2.5x
Non-economic damages
$24,250
Pain and suffering, before caps
0% fault
Deductions
$0
Comparative fault and state caps
Net
Likely settlement
$33,950
The fair target you counter with
Negotiation range
Low, likely, high
Insurer's likely first offer
$16,975
Decline this
Fair settlement target
$33,950
Counter at this
Maximum reasonable
$57,715
Demand letter ceiling
$16,975$57,715
What the settlement is made of
Net settlement$33,950
Economic damages kept$9,70029%
Pain and suffering kept$24,25071%
Removed by fault and caps$00%
The ring is the gross claim of $33,950. The two kept arcs sum to the net figure in the center, and the red arc is what comparative fault and statutory caps take away.
Settlement breakdown
Gross $33,950
Settlement breakdown from economic damages through reductions to the likely settlement.
Component
Amount
Share
Medical expenses
$6,500
19.1%
Lost wages
$3,200
9.4%
Economic damages
$9,700
28.6%
Pain and suffering (2.5x economic)
$24,250
71.4%
Comparative-fault reduction (0%)
$0
0.0%
Likely settlement
$33,950
100.0%
Share is measured against the gross claim of $33,950. Method: multiplier method, industry standard. Estimate for negotiation, not legal advice.
Rules applied
Default
Negligence rule
pure comparative (default)
Statute of limitations
Varies by state
Non-economic cap
None modeled
Method
Multiplier, 2.5x
All 50 US states
No sign-up
Methodology cited inline
Lost wages and lost earning capacity are two different things, and they are proven in two different ways. Lost wages are concrete income you already lost while recovering: time off for the ER, doctor appointments, and physician-ordered work restrictions. These are easy to identify and specific, proven through employment and medical records that show time missed.
Attorneys typically compare pay stubs against attendance records, and supporting documents like W-2s, tax returns, and employment contracts build a baseline. Lost earning capacity is harder. It is a reduced ability to earn going forward, when the injury is severe enough to force you to stop working or shift to a lower-paying career. It is a future loss that has not happened yet, so it has to be projected.
That usually takes expert testimony. A vocational expert reviews your work history, skills, education, local labor market, and pay rates to assess what you could have earned and what you can earn after the injury. Then an economist projects expected future earnings and benefits and discounts them to present value. The discount rate materially affects the final number. Both lost wages and lost earning capacity are economic damages, but only the second usually needs experts.
Estimate only, not legal advice. The legal rules this calculator applies, each state's statute of limitations, comparative-negligence rule, and damage caps, are taken from official state statutes and US government sources by the team who researches and reviews this site, and every figure is cited inline so you can check it against the original. The multiplier method itself is the industry-standard approach bodily-injury adjusters use internally to set claim reserves, so treat the result as a negotiating benchmark rather than a promise: a real settlement still moves with insurer behavior, the strength of your evidence, and the jurisdiction you file in. Your figures stay on your device. Nothing you type is sent to a server, logged, or shared, and it clears when you close the tab. Take these numbers to a personal-injury attorney licensed in your state before you accept or reject any offer, especially for catastrophic injury or amounts above $50,000.
What is a typical lost wages settlement?
Method note: wages to date are relatively straightforward (pay stubs against attendance records). Lost earning capacity has no fixed range; it requires a vocational expert plus an economist who discounts projected future earnings to present value. Wage loss is one input to the personal injury calculator, which combines it with medical bills and severity.
How this calculator builds the number
1
Calculate wages lost to date. Identify every day missed for the ER, appointments, and physician-ordered restrictions. Compare pay stubs against attendance records for a specific figure. If the injury happened at work, wage replacement runs on the separate no-fault track the workers compensation settlement calculator covers.
2
Build an earnings baseline. Pull pay stubs, W-2s, tax returns, and employment contracts to establish your earning history and pay rate.
3
Assess earning capacity with a vocational expert. The expert reviews work history, skills, education, geographic labor market, and pay rates to compare pre-injury and post-injury earning ability.
4
Project and discount to present value. An economist or lost income expert projects expected future earnings and benefits, then discounts them to present value. The discount rate moves the number.
5
Substantiate causation. Show the defendant's conduct directly caused the lost earning capacity with clear projections, not speculation. A vocational report also rebuts the insurer's argument that you can return to work.
What moves a lost wages settlement up or down
Pay stubs prove wages to date
Wages lost while recovering are relatively straightforward. Employment and medical records identify time missed, and attorneys compare pay stubs against attendance records. W-2s, tax returns, and contracts build the baseline.
Earning capacity needs a vocational expert
Lost earning capacity is much harder and usually requires expert testimony. A vocational expert weighs profession, education, work history, special skills, the current labor market and pay rates, and your history of raises and promotions.
An economist discounts to present value
After the vocational assessment, an economist projects future earnings and benefits and discounts them to present value. The discount rate materially affects the result, and the same discounting shapes the future medical expenses calculator.
No pay records on file
When hours and pay rate records are missing, practitioners use a vocational rehabilitation specialist or economist to calculate the discounted present value of future losses.
Insurers argue you can return to work
A common insurer tactic is to claim you can go back to your old job. A vocational expert report validates the claim and rebuts that argument with documented limitations.
Tax treatment of lost wages
Lost wages recovered for a personal physical injury are excludable from gross income under Revenue Ruling 85-97 and IRC Section 104(a)(2), the same split that governs whether personal injury settlements are taxable generally. Lost wages in non-physical-injury cases (such as employment discrimination) are taxable.
Worked examples
Wages to date
A worker misses time for the ER, follow-up appointments, and a physician-ordered restriction. Pay stubs and attendance records document the missed days and the hourly rate.
The lost-wages figure is the missed hours times the documented pay rate, a specific and easily identifiable amount.
Lost earning capacity
A serious injury forces a shift to a lower-paying career. A vocational expert compares pre-injury and post-injury earning ability, and an economist projects the future gap.
The economist discounts the projected lifetime gap to present value, and the discount rate drives the final number the claim seeks.
Lost wages settlement questions
What is the difference between lost wages and lost earning capacity?
Lost wages are income you already lost while recovering, proven with pay stubs and attendance records. Lost earning capacity is a reduced ability to earn going forward, a future loss that has to be projected with experts.
How do I prove wages lost to date?
Through employment and medical records that identify time missed. Attorneys compare pay stubs against attendance records, and W-2s, tax returns, and employment contracts establish your earning history.
Why does lost earning capacity need experts?
Because it is a future projection, not a recorded fact. A vocational expert assesses pre-injury and post-injury earning ability, and an economist discounts projected future earnings to present value.
What if I do not have pay records?
Practitioners use a vocational rehabilitation specialist or economist to calculate the discounted present value of future losses even when hours and pay rate records are missing.
Are recovered lost wages taxable?
Lost wages tied to a personal physical injury are excludable from gross income under Revenue Ruling 85-97 and IRC Section 104(a)(2). Lost wages in non-physical-injury cases, such as discrimination claims, are taxable.
The PersonalInjuryCalculator.us editorial team documents how US insurance carriers value personal-injury claims and turns that into plain-English calculators and explainers. Every dollar range, multiplier, filing deadline, and damages cap published here is traced back to a named source. The team is not a law firm and includes no attorneys, so nothing on this site is legal advice. Speak with a licensed attorney in your state for serious or contested cases.
Sources marked Industry estimate are published by law firms or commercial legal publishers. No government body reports what personal injury claims actually settle for, so figures of that kind come from the market rather than from official data. Legal rules on this site trace to statutes and government publishers.
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