Proving Self-Employment Income Loss After an Accident — Ohio FAQ
Short answer
If an Ohio accident prevents you from working in your self-employed business, you can recover documented lost earnings and lost profits, but you must prove the income you actually lost and show the injury caused that loss. The strongest proof combines contemporaneous business records, tax filings, client communications, and medical records plus a clear method for converting those records into a dollar figure.
Detailed answer — what you need to prove and how
1. Legal framework (what Ohio law allows)
Ohio allows recovery of economic damages for lost earnings and lost business profits in personal injury cases. You must show (1) the fact of your loss, (2) the amount of the loss with reasonable certainty, and (3) that the loss was caused by the accident. See generally Ohio Revised Code on damages: Ohio Rev. Code § 2315.18. Also remember Ohio’s statute of limitations for personal injury actions (typically two years) — see Ohio Rev. Code § 2305.10.
2. Types of income/loss you can claim
- Lost personal earnings (net income you would have taken as a sole proprietor or contractor).
- Lost business profits (for small business owners: profits the business would have earned).
- Lost future earnings (if the injury causes long-term or permanent loss of earning capacity).
3. Best evidence to prove lost wages when you are self-employed
Collect multiple, consistent sources. Courts in Ohio admit business records and tax records as primary proof. Useful documents include:
- Federal tax returns (Form 1040 and Schedule C, K-1s, or business returns) for several prior years to show baseline income.
- Form 1099s or invoices sent to clients showing billable work.
- Bank deposit records tied to business receipts (including business bank statements).
- Profit & loss statements or ledgers you maintained before and after the accident.
- Client contracts, purchase orders, and calendars showing lost appointments or canceled jobs caused by the injury.
- Contemporaneous records (estimates, receipts, emails, texts) that show work scheduled and income expected.
- Medical records and physician statements documenting the inability to work and the dates you were unable to perform services.
4. Calculating the amount
There are two common approaches:
- Day-rate or hourly approach — Use records showing your usual hourly/daily rate and the number of hours/days you missed. Multiply to get lost earnings.
- Net-profit approach — For owners, use prior-year net profits (tax returns or profit & loss) to show expected net income for the lost period. Deduct reasonable business expenses to avoid double-counting.
Ohio courts require a reasonable degree of certainty in the calculation; you do not need mathematical perfection, but you must show a reliable method and support for each assumption.
5. Admitting records in court
Business records and tax returns are commonly admissible under Ohio evidence rules and through witness testimony from the business owner who maintained the records. Rule text and guidance on Ohio evidence rules (including business-records and opinion testimony standards) are available from the Ohio Supreme Court resources: Ohio Rules of Evidence. Be prepared to lay a foundation: explain how records were kept, who recorded them, and why they are reliable.
6. When independent analysis helps
If your bookkeeping is informal or your taxes don’t reflect real business cash flow, a qualified accountant or business loss analyst can prepare a damages report explaining:
- How you derived lost income from your records.
- Adjustments for typical seasonality or growth.
- How expenses were treated and whether any cost savings occurred during your downtime.
That report should attach source documents (tax returns, invoices, bank statements) so the court can verify the analysis.
7. Causation and mitigation
You must connect the income loss directly to the accident and injury. Maintain medical records showing your disability dates and restrictions. Also show steps you took to reduce losses (for example, hiring temporary help, transferring work, or offering reduced services). Failure to mitigate can reduce your recovery.
8. Common evidentiary pitfalls to avoid
- Relying solely on oral statements about expected income — contemporaneous written records carry far more weight.
- Using year-end tax returns alone without showing how those returns translate to the actual weeks or months lost.
- Not documenting client cancellations or lost contracts directly linked to the injury.
9. Example hypothetical
Sam operates a freelance landscaping business as a sole proprietor. Before a car crash, Sam averaged $3,500/month in gross receipts and $2,200/month net after expenses (based on two years of Schedule C returns and bank deposits). The crash left Sam unable to work for 10 weeks. Sam preserves invoices, client texts canceling jobs, bank statements showing no deposits for those weeks, the Schedule C, and the treating doctor’s note restricting work for that period. Sam compiles this material and a month-by-month profit analysis to support a claim for the ten weeks of lost net earnings.
10. If you plan to negotiate or go to court
Prepare a damages summary that ties each dollar of claimed loss to a supporting document. If you expect a contested trial, arrange for a qualified accountant to create a damages report and be ready to offer a witness who can explain the records and methodology in plain terms to the judge or jury.
Helpful Hints
- Start collecting records immediately after the accident: invoice copies, calendars, client emails, deposit slips, and medical notes.
- Keep originals and make organized copies (digital and paper). Date-stamped, contemporaneous records are most persuasive.
- Use tax returns to show baseline income for at least 2–3 prior years to establish a pattern.
- Document every step you take to reduce losses (reassigning work, hiring help, or taking alternate projects).
- Get written medical evidence tying your inability to work to the accident, stating the restricted activities and timeframes.
- Ask a qualified accountant to prepare a damages report if your records are incomplete or if the other side disputes your numbers.
- Be aware of Ohio’s statute of limitations for personal injury claims (typically two years) and speak with a lawyer early to preserve your rights: Ohio Rev. Code § 2305.10.
- If you expect litigation, store backups of all electronic records and preserve your bookkeeping files; spoliation can hurt your case.
Where to get help
If you need help organizing records or preparing a damages analysis, consider contacting a lawyer who handles personal injury cases for people with self-employment income and a qualified accountant who understands business losses. They can help translate business records into admissible evidence and a legally defensible damage number.