Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Montana attorney for guidance on your specific situation.
Detailed Answer
1. Understand Economic Damages Under Montana Law
Montana law allows you to recover economic damages—including past lost wages and future lost earning capacity—after a personal injury. Mont. Code Ann. § 27-1-313 recognizes compensation for income you lose due to an injury.
2. Documenting Past Lost Wages
To prove wages you already lost, gather:
- Recent pay stubs showing hourly or salary rates.
- W-2 forms or 1099s for the relevant tax years.
- Bank statements or direct-deposit records.
- A signed letter from your employer verifying the days or hours you missed.
3. Calculating Future Lost Earning Capacity
If your injury affects your ability to work in the future, you must estimate the loss. Common methods include:
- Vocational expert reports projecting your career trajectory.
- Medical expert opinions on work restrictions.
- Calculations of salary increases or promotions you likely would have earned.
4. Preparing Your Claim
Whether you submit a demand to an insurer or file a lawsuit, include:
- A summary of your lost-wage calculation.
- All supporting documents as attachments.
- An explanation of any unpaid sick or vacation time you used.
5. Using Discovery to Obtain Evidence
In litigation, you must disclose evidence under Montana Rules of Civil Procedure. Rule 26 requires parties to share documents supporting their claims. Be ready to produce employment records, tax returns, and expert reports.
6. Negotiation and Trial
Many personal injury cases resolve in settlement. Use your documentation to support demand letters and mediation. If the case goes to trial, present your evidence clearly, focusing on your documented income history and expert testimony.
Helpful Hints
- Keep a daily log of work hours you miss.
- Request a written statement from your employer on company letterhead.
- Save correspondence with your insurer about wage claims.
- Review prior tax returns to confirm baseline earnings.
- Consult an attorney before signing any release or settlement.