Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
Under Missouri law, you may recover economic damages—including lost wages—after a personal injury. See Mo. Rev. Stat. § 537.020. To document and claim lost wages effectively, follow these key steps:
1. Gather Employer Records
Request pay stubs, W-2s, time sheets, and payroll records. These documents establish your normal earnings and hours worked. If you’re self-employed, obtain ledgers, invoices, and bank statements to show income history.
2. Obtain Medical Documentation
Ask your treating physician or physical therapist for detailed records that state restrictions and estimated recovery time. Link these restrictions to lost work hours to calculate wage loss. Missouri courts require a clear causal link between injury and lost income.
3. Calculate Total Lost Earnings
Multiply your regular hourly or salary rate by the number of work hours missed due to treatment, recovery, or disability. Include bonuses, overtime, commissions, and fringe benefits (e.g., health insurance or retirement contributions).
4. Prepare a Demand Letter
Before filing suit, send a demand letter to the at-fault party’s insurer. Include:
- Your personal information and date of injury
- A summary of medical treatment
- An itemized list of lost wages with supporting documents
- A settlement amount based on your calculations
Keep proof of delivery (e.g., certified mail receipt).
5. File a Lawsuit if Necessary
If negotiations stall, file in Missouri state court before the five-year statute of limitations expires. See Mo. Rev. Stat. § 516.120. During discovery, you’ll exchange income records and may be deposed about your employment history.
Helpful Hints
- Track time missed for medical appointments and therapy in a daily log.
- Keep emails or letters that confirm work restrictions or doctor’s notes.
- Save all correspondence with insurers and adjusters.
- Use accounting software or spreadsheets to organize self-employment income.
- Ask your employer for a written statement of lost benefits (e.g., retirement accruals).