Detailed Answer

Under Nebraska law, a claimant injured by another’s negligence may seek compensation for lost wages as part of non-economic and economic damages. The governing statute, Neb. Rev. Stat. § 25-21,186, allows recovery for loss of earnings, earning capacity, and other related losses. To prove a lost-wage claim, you need clear, contemporaneous records that establish the amount of income you lost due to your injury.

Key Statutory Requirement

Neb. Rev. Stat. § 25-21,186 states that a plaintiff may recover compensation for:

• Wages or salary lost from the date of injury to trial.
• Reasonable expectation of future lost earnings.

Essential Documents for Employed Claimants

• Pay Stubs: Weekly, biweekly, or monthly stubs showing gross and net pay.
• W-2 Forms: Annual wage statements from the employer.
• Employer Letter: A signed verification of your position, pay rate, hours missed, and expected return date.
• Time Sheets or Punch Records: Detailed logs of hours worked before and after injury.
• Performance Reviews: To support claims of raises or promotions you missed due to injury-related absence.

Essential Documents for Self-Employed or Contract Workers

• Profit & Loss Statements: Monthly or quarterly P&L reports prepared by an accountant.
• Invoices and Receipts: Bills sent to clients and proof of payment.
• Bank Statements: Records showing deposits tied to business activities.
• 1099 Forms: Income reports received from clients.
• Business Contracts: Agreements showing your expected earnings had you not been injured.

Additional Evidence and Calculations

To strengthen your claim, include:

• Tax Returns: Federal and state returns for the past 2–3 years to establish baseline earnings.
• Doctor’s Restrictions: Medical documentation explaining why you could not work.
• Expert Reports: Vocational expert opinions on future earning capacity.
• Mitigation Evidence: Records showing efforts to find light duty or alternative work.

Presentation in Court or Settlement

Organize your records chronologically. Highlight discrepancies between expected and actual earnings. Use tables or charts for clarity. Ensure all documents are certified or accompanied by sworn affidavits to avoid authentication issues.

Helpful Hints

• Start gathering pay records and correspondence immediately after your injury.
• Keep digital and hard-copy backups of all financial documents.
• Ask your employer for a formal letter detailing your job duties, pay rate, and missed hours.
• Consult an accountant early if you are self-employed to prepare accurate financial statements.
• Document any changes in wages or commissions you expected but did not receive.
• Stay organized: use folders labeled by date and document type.