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Researched and cited by our editorial team, not a law firm

Lost Wages Settlement Calculator

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.

Claim inputs

Live
Sets the rules and multiplier baseline
Type a name or code. Each option shows the rule it applies.
Documented damages
Past treatment, ER, imaging, PT
Time off work, partial included
Injury and fault
Injury severity2.5x multiplier
Drives the multiplier applied to economic damages
0%
Comparative-negligence reduction. Pure-contributory states (NC, VA, AL, MD, DC): any fault means $0.
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 centre, 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.
ComponentAmountShare
Medical expenses$6,50019.1%
Lost wages$3,2009.4%
Economic damages$9,70028.6%
Pain and suffering (2.5x economic)$24,25071.4%
Comparative-fault reduction (0%)$00.0%
Likely settlement$33,950100.0%

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

Your settlement breakdown

Car accident · All states · Pure comparative negligence

Likely settlement

$33,950

Medical expenses
$6,500
Lost wages
$3,200
Economic damages
$9,700
Pain and suffering (2.5x)
$24,250
Comparative fault (0%)
$0
Likely settlement
$33,950
Insurer's likely first offer
$16,975
Fair settlement target
$33,950
Maximum reasonable
$57,715
Multiplier applied
2.5x
Your share of fault
0%
Negligence rule
pure comparative (default)
Statute of limitations
Varies
Non-economic cap
None modeled

Multiplier method, industry standard, applied to a gross claim of $33,950. Pain and suffering is an estimate rather than a documented figure. This is an estimate for negotiation, not legal advice.

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, 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.

  • All 50 US states
  • No sign-up
  • Methodology cited inline
  • Methodology cited inline

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.

About the editorial team

Research and Editorial Team

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.

Last reviewed · Read full bio

Sources

  1. OAS Inc., proving loss of earning capacity
  2. Bryant Law, proving lost earning capacity
  3. Expert Institute, lost income calculation and present value
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