What Do I Need to Successfully Prove a Lost Income Claim?

 Posted on January 28, 2026 in Personal Injury

When someone else's negligence causes you an injury, you deserve compensation for all your losses. For many people, this includes the money they could not earn because of their injuries. Lost income can be one of the largest parts of a personal injury settlement or verdict.

Many people assume proving lost wages is simple. You just show your paystub, right? Unfortunately, insurance companies often fight hard against lost income claims. They may question whether you really missed work, whether your injury caused the time off, or whether you are exaggerating your losses. Proving your lost income takes specific evidence and careful documentation.

If you suffered an injury in 2026 and lost income because of it, our Fairfax County personal injury attorney is here to help. We fight insurance companies that don’t pay our clients fairly, and we aren’t afraid to go to court.

What Counts as Lost Income in a Personal Injury Case?

Lost income includes more than just your regular paycheck. Under Virginia law, you can recover compensation for other types of income losses too.

Common types of lost income include:

• Regular wages or salary you missed while recovering
• Overtime pay you would have earned
• Bonuses and commissions you lost
• Sick days and vacation days you had to use for recovery
• Self-employment income and business profits you could not earn
• Benefits like health insurance or retirement contributions your employer would have paid

Virginia Code Section 8.01-35 allows injured people to recover for lost earnings and impaired earning capacity. This means you can claim both the income you already lost and the income you will lose in the future. This is true even if you’re getting disability benefits after your injury.

What Do I Need to Prove Lost Income in an Injury Case?

To successfully prove your lost income claim, you need documentation that shows three things. First, you must prove how much you earned before the accident. Second, you must prove you actually missed work because of your injuries. Third, you must connect your work absence directly to the accident.

Documents for Proving Your Income in a Personal Injury Claim

If you work in a regular job for an employer, you should get these documents together for your attorney: 

Your medical records should also show that your doctor told you not to work or that your injuries made working impossible. The insurance company will look for gaps in treatment or inconsistencies that might suggest you could have worked.

Proving Income for Self-Employed Workers in a Personal Injury Claim

Proving lost income becomes more complex when you work for yourself, receive cash payments, or have irregular income. Insurance companies try to challenge these claims because they think you may not be able to prove how much money you really make.

Self-Employed Workers and Business Owners

If you own a business or work as an independent contractor, you will need:

• Tax returns for at least the past two years
• Profit and loss statements
• Bank statements showing business deposits
• Contracts or invoices showing work you had to cancel
• Testimony from clients about lost opportunities

Cash-Based or Under-the-Table Payments

Workers paid in cash face the biggest challenges. Without formal records, you may need:

• Letters from employers or coworkers
• Calendar or schedule showing regular work hours
• Text messages or emails discussing your work schedule
• Bank deposits that show regular income patterns
• Any documentation of the cash payments, even informal records

Without records of the income that you regularly earn or were expected to earn during the time you could not work, proving your lost income claim is quite difficult, even for the most experienced attorneys.

How is Future Lost Income Estimated in an Injury Case?

When injuries permanently affect your ability to earn money, you can recover future lost income. There are two types: future loss of earnings and lost earning capacity.

Loss of earnings might apply if you are expected to miss work due to an accident related injury in the future. An example would be where you require a surgery in the future and will be unable to work for a period of time post-surgery.

Lost earning capacity applies where the injury sustained is significant enough to prevent you from returning to your normal profession. An example would be where you are a surgeon and the accident causes permanent damage to your hands. You will not be able to operate any longer, and therefore must accept a different position.  

The change in the pay between your original income and your income after your injury can be used to calculate your losses. This type of claim requires an expert, usually a vocational rehabilitation specialist or economist to testify about how much income someone will likely lose over their remaining work life.

Ways an Insurance Company May Try to Fight Your Claim for Lost Income 

Insurance companies protect their profits by finding reasons to reduce or deny your claim. They often try to argue that you could have returned to work sooner or that your injury was not severe enough to prevent working. They might claim that you should have sought medical attention after work hours, which can often be impossible.

Insurers might look at your social media, looking for posts that suggest you are more active than you say you are. They may hire investigators to follow you. They often hire their own doctors to examine you and provide opinions that minimize your injuries.

Some insurance companies argue that because you received unemployment or disability benefits, you did not really lose income. This argument fails under Virginia law, but you need an attorney who knows how to fight back.

Call a Herndon, VA Personal Injury Attorney Today

If you are hoping to recover lost income in your personal injury claim, you should work with an attorney who is willing to take your case to court if the insurance company will not offer fair compensation. Small firms like ours that give personalized attention can make all the difference in building a strong lost income claim.

Our Fairfax County personal injury lawyer has taken over 100 cases to court and recovered more than $50 million for injured clients. We will work with you before court appearances, help you understand what to expect, and never pressure you to settle just because staying out of court is easier. Call Whitlock Law at 703-576-5005 to talk about your case in a free consultation.