Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Wyoming law, you may recover lost wages after a car accident as part of your personal injury claim. Wyoming law treats lost earnings as compensable damages. See Wyo. Stat. § 1-1-122(a) (compensation for bodily injury includes loss of earnings). You must present clear evidence showing how much income you lost from your part-time job due to the accident.
1. Gather Employment Records
Collect pay stubs, W-2 forms, and tax returns for at least the year before your accident. If you track hours on a timesheet or digital system, include those records. These documents establish your regular hourly rate and average weekly earnings.
2. Obtain an Employer Statement
Ask your employer for a signed letter stating:
- Your job title and typical hours per week.
- The hourly wage or salary you earned.
- Specific dates and number of hours missed due to the accident.
3. Calculate Lost Wages
Multiply your hourly rate by the total hours you could not work. For variable schedules, use your average weekly hours. If you missed shifts because of medical appointments or recovery, include those hours too.
4. Document Ongoing or Future Loss
If your injuries affect your ability to work in the future, you may claim loss of earning capacity. To support this, consider:
- A medical prognosis detailing your impairments.
- Expert testimony from a vocational specialist.
5. Understand Comparative Fault
Wyoming follows comparative negligence. If you share fault, your recovery reduces proportionally. See Wyo. Stat. § 1-1-109. For example, if you’re found 20% at fault, you recover 80% of your claimed lost wages.
6. Meet the Deadline
Wyoming’s statute of limitations for personal injury is two years from the crash date. See Wyo. Stat. § 1-3-105. File your claim before the deadline to avoid losing your right to compensation.
Helpful Hints
- Keep a daily log of missed work dates and hours.
- Save emails or text messages about shift changes or missed work.
- Retain copies of all medical records related to your injury.
- Notify your employer in writing about work restrictions.
- Consult an attorney early to verify your documentation meets legal standards.