Proving Lost Wages After a Car Accident in Nebraska

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

After a car accident in Nebraska, you can claim compensation for wages you lost due to injury-related absences. Under state civil law, these damages aim to restore you to the financial position you occupied before the crash.

1. Gather Pay Records

• Collect recent pay stubs showing your hourly rate and hours worked.
• Obtain W-2 forms or Form 1099 if you have contract income.
• Request payroll reports from your employer that confirm your average weekly earnings.

2. Obtain Employer Verification

Ask your employer for a written statement detailing:

• Your job title and usual work schedule.
• Your hourly rate or salary.
• The specific dates you missed due to the accident.

3. Document Medical Restrictions

Medical records and your doctor’s notes should confirm that your injuries prevented you from working. These records strengthen your claim by linking time off directly to accident-related injuries.

4. Use a Lost Wage Calculation

Create a worksheet showing:

• Total hours lost multiplied by your wage rate.
• Any expected overtime you missed.
• Adjustments for part-time shifts.

5. Prepare Business Records Under Evidence Rules

In Nebraska courts, business records like payroll and employer letters can qualify under the business records exception to hearsay (Neb. Rev. Stat. A7A6 27-803(6)). Ensure these records are regularly kept and certified by your employer.

Helpful Hints

• Keep a daily log of symptoms and missed work days.
• Track any job applications or income you earn while you recover.
• Photograph your workplace time clock or scheduling system if possible.
• Retain all correspondence with your employer about your absence.
• Consult a vocational expert if your injuries affect future earning capacity.

By assembling clear, organized evidence of your lost wages, you enhance the credibility of your claim and streamline negotiations or court proceedings under Nebraska law.