Can You Sue for Emotional Distress in Ohio?
Posted in: Car Accidents
KNR Legal Blog
A serious accident can turn your life upside down, physically, emotionally, and financially. When injuries keep you out of work for weeks or months, the bills don’t stop. And while most people know they can pursue compensation for medical expenses, lost wages are one of the most commonly overlooked and most valuable parts of an Ohio personal injury claim.
At Kisling, Nestico & Redick, our Ohio personal injury lawyers help injured workers recover every dollar they’re owed, including the income they’ve lost because someone else was negligent.
Lost wages are any income, benefits, or earning opportunities you were unable to receive because of injuries sustained in an accident caused by another party’s negligence.
In Ohio, lost wages are a recognized form of compensatory damages under a personal injury claim — meaning the at-fault party (or their insurance company) can be held responsible for reimbursing them.
Most people think of lost wages as simply the hours or days of work they missed. But Ohio law allows injured workers to claim a much broader range of financial losses:
After a serious accident, one of the most immediate financial pressures many people face is lost income. Whether you missed a few weeks of work or several months of employment, lost wages are a key part of a personal injury claim in Ohio.
Calculating lost wages is not always as simple as looking at your base salary. It often depends on your job type, pay structure, overtime, benefits, commissions, and the length of time your injuries prevent you from working.
Consider a scenario where a sales professional is injured in a car accident caused by another driver’s negligence and is unable to work for three months while recovering.
If their annual salary is $60,000, the monthly income would be $5,000. Over three months, that would equal $15,000 in lost base wages. In many cases, this forms the starting point for calculating economic damages.
If the same employee typically earns overtime—such as 10 hours per month at $50 per hour—that additional lost income would also be included. Over three months, that would equal $1,500 in lost overtime pay.
In addition, many employees rely on commissions or performance-based bonuses. If this sales professional typically earns $5,000 in quarterly commissions but is unable to work during that period, those earnings may also be included in a claim for lost income.
In this example, total lost wages would equal $21,500. In some cases, additional losses may also be considered if the injury affects long-term earning capacity or career advancement opportunities.
In more serious injury cases, compensation may also include future lost earnings. This applies when an injury prevents someone from returning to their previous job, reduces their ability to work the same hours, or limits future promotions or career advancement.
For example, if an injury prevents a worker from moving into a higher-paying role they were qualified for, that difference in expected income may be considered part of the claim.
Accurately calculating lost wages requires clear documentation, including pay stubs, tax records, employer statements, and proof of missed work. Self-employed individuals may need additional financial records to establish lost income.
A personal injury attorney can help gather and organize this information and ensure that all eligible wage losses are properly included in an insurance claim or lawsuit
Successfully recovering lost wages in Ohio requires more than just telling the insurance company you missed work — it requires documentation, legal strategy, and an understanding of how the claims process works. The steps below outline what you and your attorney should do from the moment of the accident through the resolution of your claim. Following this process carefully can make the difference between a fair recovery and leaving money on the table.
Your health comes first, but medical records also serve as critical evidence in your claim. Every diagnosis, treatment note, and medical expense creates a paper trail linking your injuries to the accident. Without prompt medical care, insurance companies will argue your injuries were not serious or were caused by something else.
Navigating a lost wages claim while injured is difficult. An experienced Ohio personal injury attorney will help you understand your rights, identify every category of loss you’re entitled to, and fight insurance companies that try to minimize your claim. Most Ohio injury attorneys, including KNR, work on a contingency fee basis — meaning you pay nothing unless you recover compensation.
To support your claim, you will need to collect:
Work with your attorney to assess not just the income you’ve already lost, but what you stand to lose in the future. If your injuries affect your long-term ability to work or advance in your career, your claim should reflect that. In severe cases, economic experts may be brought in to project lifetime earning losses.
Once your losses are fully documented, your attorney will draft a demand letter to the at-fault party’s insurance company outlining all of your damages, including lost wages. This formally initiates the claims process.
After your claim is filed, the insurance company will typically respond with a settlement offer. Your attorney will evaluate whether it fairly compensates all of your losses. If the offer is insufficient, your attorney will negotiate aggressively — and if necessary, take your case to trial to pursue the full compensation you deserve.
Important: Ohio’s statute of limitations for personal injury claims is generally two years from the date of the accident. Missing this deadline can permanently bar you from recovering compensation, so it’s critical to act promptly.
Be aware that insurance adjusters are trained to minimize payouts. Common tactics they use to challenge lost wages claims include:
Having an experienced attorney on your side is the most effective defense against these tactics.
Yes. Self-employed workers can prove lost income using tax returns, invoices, client records, and bank statements. While the documentation process differs from that for traditional employees, the right remains the same.
At minimum: a letter from your employer verifying your pay and missed time, recent pay stubs, and your most recent tax returns. For gig or self-employed workers, tax returns and earnings records serve as substitutes.
Ohio’s statute of limitations for personal injury claims is generally two years from the date of the accident. Some exceptions apply, so consult an attorney as soon as possible.
Yes. If you were forced to use PTO or sick leave because of your accident injuries, you may be entitled to recover the value of that time as part of your lost wages claim.
You may be entitled to claim lost earning capacity, compensation for the difference between what you would have earned over your career and what you’re now able to earn, given your limitations. This often requires expert testimony and careful economic analysis.
Filing a lost wage claim after an accident in Ohio can be complex and time-consuming. There’s a lot to consider, and you must ensure you’re pursuing all the compensation you deserve.
At KNR, our Ohio personal injury lawyers have an extensive history and an impressive record of securing compensation and justice for all the ways your life has been negatively impacted by negligence. Let our team review your case, discuss how your injuries affected your ability to earn a living, and guide you toward the best possible outcome.
Call 1-800-HURT-NOW for a free consultation, and there are no fees unless you recover compensation.