Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your situation.
Detailed Answer
Under Utah law, you can recover lost self-employed income as special damages in a personal injury claim. Utah Code §78B-6-803 confirms that lost earnings form part of the “special damages” that an injured party may seek. To support your claim, follow these key steps:
1. Track Pre-Accident Income
Gather documents that reflect your average earnings before the accident. Include tax returns for the last two to three years, quarterly reports, profit-and-loss statements, invoices, bank deposits, and accounting software summaries. These records establish your baseline income.
2. Document Post-Accident Losses
Record every workday you miss or work partially due to your injuries. Maintain a daily journal of hours lost, client communications canceling or rescheduling projects, and any reduced fees. Secure medical records linking the accident to your inability to work.
3. Calculate Your Lost Income
Subtract your reduced or zero earnings after the accident from your average pre-accident earnings. Adjust for seasonal fluctuations if your business experiences peaks and valleys. An accountant can help prepare a clear report demonstrating your total lost income.
4. Submit Your Claim Within Utah’s Statute of Limitations
File a claim with the at-fault party’s insurer or start a lawsuit in court. Under Utah’s four-year statute of limitations, you must file your lawsuit within four years of the accident date. Consult an attorney early to prepare your claim and avoid procedural pitfalls. (See Utah Code § 78B-2-307.)
Utah Statutory References
Measure of damages in personal injury actions: Utah Code § 78B-6-803
Statute of limitations for personal injury: Utah Code § 78B-2-307
Helpful Hints
- Use accounting software or spreadsheets to record daily work activity.
- Retain copies of invoices, receipts, bank statements, and client emails.
- Obtain profit-and-loss statements from an accountant or bookkeeping service.
- Keep a journal documenting how injuries impact your ability to work.
- Meet with your attorney early to gather evidence and prepare your claim.