Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Tennessee to discuss the specifics of your case.
1. Gather Pay Records and Employer Statements
To prove your lost wages after a car accident, start by collecting all documentation that shows your income before and after the crash. Key items include:
- Pay stubs and timesheets: Obtain copies for the pay periods immediately before and after the accident.
- W-2s or 1099s: Use annual income forms to establish your typical earnings as a part-time employee.
- Employer letter: Request a signed statement from your employer confirming your hourly rate, work schedule, and any missed shifts due to injury.
2. Document Your Missed Hours
Keep a log of all the dates you were unable to work because of accident-related injuries. Include:
- Date and time you were scheduled to work.
- Reason you missed each shift (e.g., medical appointments, physical therapy).
- Supporting medical records showing your doctor’s orders to rest or restrict activity.
3. Use Tennessee Evidence Rules for Business Records
Under Tenn. R. Evid. 803(6) (Business Records Exception), you can admit employer and payroll records as evidence without calling a records custodian. You must show these records were made in the regular course of business at or near the time of the event.
Reference: Tenn. R. Evid. 803(6).
4. Calculate Your Lost Wages
Multiply your hourly rate by the total hours you missed. If you lost benefits or overtime, include a reasonable estimate based on your past earnings. Keep detailed calculations and clearly label each entry.
5. Submit Your Claim Promptly
In Tennessee, you generally have one year from the date of your accident to file a lawsuit for personal injury and related damages, including lost wages. Tenn. Code Ann. § 29-3-104. Missing this deadline can bar your ability to recover compensation.
Helpful Hints
- Keep both digital and paper copies of all records.
- Maintain a daily diary of your pain level and ability to perform tasks—this supports your claim for lost wages.
- Ask your supervisor to verify any cancelled shifts in writing or by email.
- Consult a vocational expert if your part-time role involves commission or tips.
- Review your insurance policy for any requirements on submitting documentation for wage claims.