Detailed Answer
In North Dakota, compensation for lost wages after a car accident falls under compensatory damages. The state measures such damages based on your actual earnings and the time you missed due to injury. See North Dakota Century Code §32-03-02 for how courts calculate personal injury damages (https://www.legis.nd.gov/cencode/t32c03.html).
1. Gather Payroll Records
Collect your pay stubs, timesheets or electronic payroll summaries showing hours worked and gross pay during the period before and after your accident. Consistency in dates and hours strengthens your claim.
2. Obtain an Employer Verification Letter
Request a signed letter from your employer. It should state your job title, hourly rate or salary, average hours per week, dates you missed due to the accident and whether you used paid leave. The letter must be on company letterhead.
3. Use Tax Documents for Supplemental Proof
If you work part-time, your W-2 forms, federal tax returns or 1099s can confirm your annual earnings. Divide your total annual income by the number of work weeks to derive an average weekly wage. This helps capture irregular pay periods or tips.
4. Calculate Your Loss
To compute lost wages:
• Determine your average daily or weekly pay rate.
• Multiply by the number of days or weeks you could not work.
• Include overtime, commissions or bonuses you would have earned.
5. Submit Documentation to Insurer or Court
When filing a claim with the at-fault driver’s insurer or in small claims court, include all records. Insurers often require a sworn statement or affidavit certifying the accuracy of your documents. Keep originals and provide copies.
When to Consult an Attorney
If the insurer denies part of your lost-wage claim or undervalues your evidence, consider seeking legal advice. An attorney can demand full documentation from the insurer, negotiate a fair settlement under North Dakota liability law (see NDCC §26.1-01-04 for settlement procedures: https://www.legis.nd.gov/cencode/t26-1c01.html#26.1-01-04) and represent you in court if needed.
Helpful Hints
- Track your missed work immediately—delay weakens proof.
- Save doctor’s notes to link your injuries with your time off.
- Document any partial days worked or reduced hours.
- Keep a work-loss journal noting dates, hours and symptoms.
- Ask your employer to confirm whether paid leave or sick time covered any missed shifts.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.