If you have a personal injury case, you may be entitled to compensation for the time you missed from work. This category of past damages is commonly referred to as “lost wages.” For some people, this might be just a few days of missed work during recovery from an injury. Other people are injured so badly that they are unable to return to work for months, and some are even left disabled for life. Lost wages are one category of economic compensatory damages. Economic damages are the kind of damages that we can easily set a value for. Another category of economic damages are medical bills. Non-economic damages, like pain and suffering and permanent scarring, do not have a set value. A Memphis TN injury lawyer can help you recover compensation for lost wages and other damages if your injury was caused by someone else’s negligence.
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How to Prove Lost Wages
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Your personal injury lawyer will need your help proving your lost wages. The best way to prove lost wages to an insurance company is to obtain a signed statement from your employer concerning the dates you missed work and the pay you lost as a result of that missed work. Insurance companies like to see how a lost wages claim is calculated. The simpler the better. You will need to prove:
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Lost income in the amount of $_____ as a result of the accident, calculated as follows: ______ missed days of work @ _____ hours per day @ _____ hour.
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For salaried workers, the calculation might look a little different, but the point is that you will need to explain to the insurance company (or to the jury if you go to trial) how you arrived at the “lost wages” portion of your damages. Some other items that you can collect and give to your lawyer to help prove your lost wages claim are: past check stubs, doctor’s notes, and statements from your doctor taking you off work and returning you to work. If your doctor did not take you off work, but you missed some days anyway, you should be prepared to explain why you did not work, i.e., your pain level or symptoms.
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Use of Vacation and Sick Days
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Some people use sick days or vacation days after an accident. So, they actually get paid for the days, but they “use up” those days such that they are not available in the future. If you used vacation or sick days after an accident, be sure to let your lawyer know. In addition, you will need to obtain documentation from your employer showing the days you utilized as a result of your accident.
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Thanks to our friends and contributors at Wiseman Bray PLLC who have significant experience fighting for personal injury victims in Tennessee.