Detailed Answer
Under Washington law, you may recover lost wages as part of economic damages after a car accident. RCW 4.20.046 allows recovery for both actual earnings lost and loss of earning capacity. To prove lost wages from a part-time job, follow these steps:
1. Document Your Work History
Gather pay stubs, timecards, employer schedules, and IRS Form W-2 or 1099s. These records establish your average earnings and hourly rate before the accident.
2. Obtain Employer Verification
Request a written statement on company letterhead confirming your job title, typical hours per week, pay rate, and dates you missed due to injuries.
3. Track Missed Shifts and Hours
Maintain a daily log of all shifts and hours you couldn’t work, including any partial days back on the job. Note why you missed each shift and how it impacted your pay.
4. Use Tax Documents and Bank Records
If detailed pay records are unavailable, use your tax returns and bank statements to show gross income and deposits. Be prepared to explain any fluctuations.
5. Consider Expert Analysis
In complex cases, a vocational expert or accountant can analyze your earnings history, calculate average wages, and project future lost earnings. Their reports strengthen your claim.
Once you assemble this evidence, submit it to the at-fault driver’s insurer or file it in court. Under RCW 4.20.046, Washington courts measure lost wage damages by your pre-accident earnings and post-accident earning capacity.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your situation.
Helpful Hints
- Start a contemporaneous log: Record missed work daily to avoid memory gaps.
- Keep multiple records: Save pay stubs, emails, and handwritten notes.
- Get everything in writing: Employer statements on letterhead carry more weight.
- Be consistent: Use the same date range across all documents to establish patterns.
- Review insurance forms carefully: Attach supporting documents to the wage loss section.
- Seek professional help: An accountant or vocational expert can validate your calculations.