Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
If you are self-employed and suffer lost income after an accident in Pennsylvania, you can include these losses as part of your personal injury claim. Pennsylvania law allows recovery of “special damages,” which include lost earnings and business profits. See 42 Pa.C.S.A. § 8305 (legis.state.pa.us).
1. Identify the Type of Claim
Determine whether you are filing with an insurance company (auto, liability) or pursuing a civil lawsuit. Insurance policies often require you to submit proof of lost wages within a specified period after the accident.
2. Gather Financial Records
- Profit and loss statements from your accounting software or accountant.
- Recent tax returns (federal and state) showing income history.
- Invoices, contracts, or receipts demonstrating client engagements.
- Bank statements reflecting deposits for business earnings.
3. Document Actual and Projected Losses
You must show income you actually lost and a reasonable basis for forecasting future losses if your recovery delays your work. Use:
- Daily work logs or calendars noting appointments canceled due to your injuries.
- Expert analysis or a certified public accountant’s affidavit projecting profits for the period you could not work.
4. Itemize Your Claim
Under Pennsylvania Rule of Civil Procedure 238, you generally must provide an itemized statement of damages before trial. List each category of lost income with supporting documents.
5. Submit Your Claim to the Insurer or Court
When filing with the insurance company, include a cover letter summarizing your claim, attach all documentation, and request confirmation of receipt. If you file a lawsuit, serve your complaint and the attachments according to the Pennsylvania Rules of Civil Procedure.
6. Work with Professionals
Consider hiring a financial expert or a forensic accountant to validate your income loss. Their testimony can demonstrate your losses with “reasonable certainty,” a standard Pennsylvania courts require for special damages (42 Pa.C.S.A. § 8305).
Helpful Hints
- Keep both digital and paper copies of all financial documentation.
- Track your expenses related to medical care and rehabilitation separately—they may be reimbursable.
- Request written confirmation when you submit records to an insurer or opposing counsel.
- Maintain a daily journal detailing symptoms and work limitations—it can corroborate your lost earning period.
- Check your insurance policy deadlines for submitting wage-loss claims.
- Consult a personal injury attorney early to ensure you satisfy all procedural requirements in Pennsylvania courts.