Disclaimer: This article is not legal advice. It is for informational purposes only.
Detailed Answer
Under Indiana law, you can recover economic damages such as lost wages when a negligent driver causes your injury in a car accident. Indiana Code Title 34, Article 51, Chapter 2 recognizes “economic loss” including wages you would have earned but for the injury. See Indiana Code § 34-51-2-16.
To prove lost wages from a part-time job, gather the following evidence:
- Pay stubs and W-2 forms: Show your hourly rate and hours worked before the accident.
- Employer verification: Obtain a signed letter from your manager or HR outlining your position, pay rate, regular schedule, and dates you missed.
- Timesheets and scheduling records: Use past schedules to calculate average weekly hours and expected future hours lost.
- Tax returns: Provide your most recent state and federal returns to verify overall income.
- Medical records: Include doctor’s notes explaining work restrictions and the period you could not perform your duties.
If your injury leads to long-term or permanent reduced earning capacity, you can claim future lost wages. Document how your injury has changed your ability to work by obtaining a vocational expert report or an economist’s analysis.
For self-employed or gig workers, use bank statements, invoices, client contracts, and profit-and-loss statements. Carefully track hours you lost serving clients or completing projects due to your injuries.
Helpful Hints
- Maintain a daily log of missed shifts, hours and activities you cannot perform.
- Ask coworkers for brief statements confirming your usual work schedule and performance.
- Keep all original documents and provide copies to your attorney or insurance company.
- Be consistent: compare your pre-accident income on a month-by-month basis.
- Consider working with an accountant or forensic economist to calculate complex or future losses accurately.