Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney about your specific situation.
Detailed Answer
After a car accident in Oklahoma, you can seek compensation for lost wages as part of your personal injury claim. Oklahoma law requires most auto insurance policies to include Personal Injury Protection (PIP) coverage, which pays a portion of your lost earnings regardless of fault. (See 36 O.S. § 3636 for PIP benefits.)
In addition to PIP benefits, you can pursue a third-party liability claim against the at-fault driver’s insurer for any remaining wage losses. Oklahoma courts recognize lost income as a recoverable element of damages in negligence cases. To succeed, you must present reliable evidence showing the hours you missed, your pay rate, and the total amount of wages you lost.
There are four main steps to prove lost wages:
- Gather Payroll Records: Collect pay stubs, paychecks, direct deposit statements, and W-2 forms for the period before and after your accident.
- Obtain an Employer Letter: Ask your employer to provide a signed letter confirming your job title, hourly wage, typical work schedule, and the number of hours you missed due to your injuries.
- Keep a Work Log: Maintain a daily record of your shifts, hours missed, and any reduced hours you worked because of accident-related restrictions.
- Validate Self-Employment or Tips: If you earn tips or freelance income, preserve daily ledgers, client invoices, bank statements, or app logs to document the income you lost.
Once you compile this evidence, submit it to your insurer as part of your PIP claim. If you file a third-party claim, attach the same documentation to your demand letter. Insurance adjusters or courts rely on clear, consistent records to calculate your wage loss accurately.
Helpful Hints
- Start collecting proof right after the accident. Detailed records strengthen your claim.
- Confirm your employer’s letter is on company letterhead and includes a signature and date.
- Use calendars or time-tracking apps to record partial workdays or reduced hours.
- Include tax documents to show consistency in your earnings over time.
- Keep copies of all documents and receipts sent to insurers or attorneys.
By following these steps and submitting thorough documentation, you improve your chances of full recovery for your lost wages in Oklahoma.