As car accident attorneys serving clients across Antioch and throughout Illinois, we know that one of the most stressful parts of recovery after a serious crash is not just the physical pain—but the financial fallout. Many clients come to us unsure of how they will pay their bills after missing weeks or months of work. Others worry about what happens if their injuries prevent them from returning to their careers altogether. Under Illinois law, victims of car accidents caused by another driver’s negligence are entitled to recover lost income and other economic damages. However, proving these losses requires documentation, legal knowledge, and careful presentation of evidence.
When you suffer a serious injury, the impact on your income can extend far beyond your initial hospital stay. Time missed from work, reduced hours, loss of bonuses or commissions, and even diminished earning capacity can all form part of your claim. Our goal is to ensure that every dollar of your financial loss is properly documented and recovered under Illinois law.
Under Illinois law, an injured person has the right to seek compensation from the at-fault driver or their insurer for both economic and non-economic losses. Economic losses include medical expenses, property damage, and lost wages or income. This right arises from Illinois’ comparative negligence statute, 735 ILCS 5/2-1116, which allows an injured party to recover damages as long as they are less than 50% at fault for the accident.
Lost income claims are based on the principle that accident victims should be returned, as much as possible, to the financial position they would have been in if the crash had never occurred. Compensation may include:
To recover these losses, the injured party must show not only that the accident caused their injuries but also that those injuries directly prevented them from working.
Insurance companies often challenge lost income claims, arguing that the victim could have returned to work sooner or that the claimed losses are exaggerated. That is why documentation is critical.
We advise our clients to collect the following:
Illinois courts recognize that self-employed individuals may face particular challenges in proving lost income. In such cases, we often work with financial professionals to calculate the difference between projected earnings and actual post-accident performance.
In cases involving serious or permanent injuries, victims may be entitled to compensation for future lost earning capacity—the reduction in their ability to earn income over time. This is especially relevant when an injury prevents someone from returning to their previous job or forces them into a lower-paying position.
To prove diminished earning capacity, we often present evidence such as:
Under Illinois law, future lost earning capacity is considered a compensable form of damage in personal injury cases. Courts apply the same general standard of proof, reasonable certainty, as for other economic damages. This means that while the damages cannot be speculative, they also do not require absolute mathematical precision.
Illinois uses a “tort-based” system for car accident claims. Because Illinois is not a no-fault state, injured drivers can pursue a claim directly against the negligent driver or their insurer under 625 ILCS 5/11-401 and related statutes governing motor vehicle negligence.
To succeed, a plaintiff must prove:
Once liability is established, the amount of compensation is based on the actual losses sustained. Illinois law allows recovery for both past and future lost wages as long as the plaintiff provides sufficient proof.
For business owners and freelancers, calculating lost income can be more complex. Unlike salaried employees, they may not receive regular paychecks, making their claims harder to quantify. We often rely on business records such as profit-and-loss statements, bank deposits, tax filings, and canceled contracts to demonstrate the loss.
Illinois courts have accepted various forms of evidence to prove self-employment losses, as long as the records establish a consistent income pattern before the accident and a measurable decline afterward. In some cases, we present expert testimony from accountants to ensure the calculations are accurate and credible.
Insurance adjusters frequently attempt to minimize lost income claims by suggesting that injuries were exaggerated, recovery time was excessive, or income loss was unrelated to the accident. Having legal representation ensures that these arguments are addressed with medical evidence, employer statements, and expert reports.
We prepare every case with the expectation that it may need to go before a jury. This means carefully documenting every aspect of your claim from day one. When insurance companies see that we are fully prepared to litigate, they are far more likely to offer fair settlements.
Under 735 ILCS 5/2-1116, Illinois follows a “modified comparative fault” rule. This means your total recovery is reduced by the percentage of fault you bear for the accident. For example, if you were found 20% at fault and your damages totaled $100,000, you would receive $80,000. However, if you are 50% or more at fault, you cannot recover damages.
Because insurance companies often use this rule to limit payouts, we conduct thorough investigations—reviewing police reports, witness statements, and accident reconstructions—to ensure fault is accurately determined.
Proving lost income requires careful coordination between medical professionals, employers, and legal advocates. As attorneys, we handle the entire process: gathering records, calculating damages, negotiating with insurers, and preparing for trial if necessary. Our experience with Illinois injury law and civil procedure ensures that claims are properly supported and filed within the two-year statute of limitations under 735 ILCS 5/13-202.
The sooner you seek legal representation after a car accident, the stronger your case will be.
You can recover wages, salaries, overtime pay, tips, bonuses, commissions, and self-employment income lost because of your injuries. If your injuries affect your ability to work in the future, you can also pursue damages for lost earning capacity.
Self-employed individuals can use business records, such as tax returns, invoices, bank statements, and client communications, to demonstrate income before and after the accident. Testimony from accountants or economists can also help calculate projected losses and verify your financial documentation.
Yes. Even if you used vacation or sick days during your recovery, you are entitled to recover their value because those benefits represent lost compensation. Courts treat these as part of your economic damages.
If the insurer denies or undervalues your claim, we gather additional proof, including employer affidavits, medical restrictions, and wage records. If necessary, we can file a lawsuit to pursue your full compensation in court.
Yes, as long as your share of fault is less than 50% under Illinois’ comparative fault statute (735 ILCS 5/2-1116). Your award will be reduced in proportion to your degree of fault.
Under 735 ILCS 5/13-202, you generally have two years from the date of the accident to file a personal injury lawsuit in Illinois. Waiting too long can result in losing your right to compensation.
If a serious car accident has disrupted your ability to work and support your family, our attorneys at The Law Offices of Robert T. Edens, P.C. can help you prove your lost income and secure the compensation you deserve. We handle every stage of your case, from gathering records to negotiating with insurance companies.
Contact our Antioch car accident lawyer at The Law Offices of Robert T. Edens, P.C. today at 847-395-2200 to schedule your free consultation. We represent clients throughout Antioch, Waukegan, Woodstock, and across the entire state of Illinois from our offices located at 392 Lake St., Antioch, IL 60002; 325 Washington St., Waukegan, IL 60085; and 1212 North Seminary Unit 1, Woodstock, IL 60098.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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