When someone is hurt because of another person’s negligence, one of the types of damages they may recover are lost wages. Lost wages compensate for earnings you could not make because your injuries kept you from working. This applies in California personal injury cases.
What Lost Wages Include
Lost wages may cover:
- Your regular salary or hourly pay for the days you missed work because of the accident
- Overtime you would have worked but could not due to injury
- Bonuses, commissions, or other earnings you would reasonably have received
- Income from self employment, freelance work, or gig work you lost because you were unable to perform your job
- Vacation time, sick leave, or paid time off you were forced to use because of the injury
What About Future Income Loss
If your injuries affect your ability to work in the future in part or in whole you may also claim loss of earning capacity. This means compensation not just for what you have already lost but for what you will likely lose going forward due to reduced ability to earn.
How California Law Deals with Lost Wages
California allows injured people to recover lost wages as part of their damages in a personal injury lawsuit. Courts will expect proof of your earnings before the injury such as pay stubs, tax returns, or employer statements to calculate what you missed. You are also entitled to recover wages lost for time spent attending medical treatment, travel to and from treatments, therapy sessions, and any time you could not work because of those appointments. If you had paid sick or vacation time or disability benefits you may still be able to include lost wages even if you were paid through those because without the injury you might have used those days for something else.
Proof and Calculation
Keep detailed records of all days and hours missed work, number of doctor visits, travel time, and related details. Employer documentation or a letter confirming your regular schedule, wages, and missed work is very helpful. For self employed people, invoices, tax returns, and business records are used. Future losses often require expert testimony from vocational experts or economists to estimate what your income would have been without the injury and how the injury impairs your future employment.
Why Lost Wages Matter
They are part of the economic damages you can recover and make up what you lost financially because of the injury. Including lost wages helps ensure your compensation reflects the full impact of the injury not only medical costs but also financial hardships. Without properly proving lost wages you may settle for less than you deserve.
Note: These blog posts are created solely for the use of Hillstone Law. The information is gathered from internet research, publicly available sources, and artificial intelligence (AI) tools such as ChatGPT. While we aim to share helpful and educational content, Hillstone Law does not independently verify every detail. Some information may be incomplete, outdated, or subject to change without notice. If you believe any part of a post is inaccurate, misleading, or infringes upon copyright, please contact Hillstone Law immediately so we can review it and take appropriate action, including correction or removal.
Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.







