Disclaimer: This article provides general information about Vermont law. It does not offer legal advice. Consult a qualified attorney for guidance on your case.
Detailed Answer
Under Vermont law, you may recover economic damages for lost wages if you can show your earnings stopped or dropped because of injuries from a car accident. Vermont courts require proof of lost earnings with reasonable certainty, not speculation. You must tie your missed work directly to the collision.
1. Establish Your Employment Details
Determine your hourly rate, average weekly hours, and employment status. For a part-time job, calculate a typical work week using recent schedules or employer records.
2. Collect Pay and Tax Records
Gather pay stubs, W-2 forms, 1099s or bank deposit records for at least six months before and after the accident. These documents create a clear earning history.
3. Obtain an Employer Declaration
Request a signed statement from your employer or HR department. The letter should confirm your hire date, job title, hourly rate, scheduled hours and any shifts you missed because of injury.
4. Document Missed Time
Keep copies of timesheets, shift schedules, and any emails or calls about taking sick or unpaid leave. This timeline connects days off to your car accident injuries.
5. Link Medical Restrictions to Lost Work
Attach physician notes, physical therapy records or other medical evidence. These show why you could not work or why you had reduced hours.
6. Use Tax Returns to Show Earning Trends
Include your most recent federal tax return (Form 1040 Schedule C for independent contractors, W-2 wages for employees). Tax filings help demonstrate normal income patterns.
7. Meet Filing Deadlines
Under Vermont’s personal injury statute of limitations, you have three years from the collision date to file suit. See 12 V.S.A. § 512(4). Filing late can bar your claim.
8. Cite Vermont’s Damage Rules
Economic damages like lost wages fall under Vermont’s damage statutes. See 12 V.S.A. § 522 for defined heads of damages.
Helpful Hints
- Use a work diary or mobile app to log hours you miss and shifts you can’t cover.
- Keep original documents and share only copies with insurers or opposing counsel.
- Follow up in writing when you request employer statements or records.
- Track all medical visits and treatments that affect your ability to work.
- Consult a personal injury attorney before signing any settlement offers or releases.