Detailed Answer
After a personal injury in Nebraska, you can recover lost wages as part of your overall damages. Nebraska law permits recovery of past and future loss of earnings and earning capacity under Neb. Rev. Stat. § 25-21,185. To build a strong claim, follow these steps:
Step 1: Gather Your Wage Records
Collect pay stubs, W-2 forms, bank statements, and tax returns. Ask your employer for a letter confirming your salary, hours worked, benefits, and any raises or bonuses scheduled before your injury.
Step 2: Calculate Your Lost Earnings
Compare your pre-injury income with post-injury earnings. Include regular wages, overtime, commissions, bonuses, and employer-paid benefits. If your injury reduces future earning capacity, estimate that loss using vocational expert opinions or medical reports.
Step 3: Submit Your Claim to the Insurer
Submit a demand letter or proof-of-loss form to the insurance adjuster. Attach your documentation and clearly state the total amount you seek for past and future lost wages. Keep all communications in writing and note claim numbers and adjuster names.
Step 4: File a Lawsuit if Needed
If the insurer denies or undervalues your claim, consider filing a civil lawsuit. Nebraska’s statute of limitations for personal injury actions is four years from the date of injury under Neb. Rev. Stat. § 25-207(1). Missing this deadline can bar your claim.
Disclaimer: This article provides general information about Nebraska law. It does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.
Helpful Hints
- Keep a daily journal of missed work days and physical limitations.
- Request early cooperation from your employer for wage verification.
- Retain all communications with insurers and medical providers.
- Document attempts to return to part-time or modified duty.
- Include self-employment income proofs, such as invoices and tax schedules, if applicable.
- Consult an attorney before settlement deadlines or complex future damages.
- Track Nebraska’s four-year statute of limitations for personal injury claims.