Detailed Answer
After a personal injury in New Hampshire, you can recover compensation for lost wages under RSA 507:7. Lost wages cover income you would have earned if the injury had not occurred. This includes both past earnings you’ve already missed and future earning capacity if you face ongoing restrictions.
1. Identify Types of Lost Wages
- Past Lost Wages: Income you already lost from missed workdays.
- Future Lost Wages: Projected earnings you will lose if you cannot return to your prior job or if restrictions reduce your pay.
2. Gather Documentation
Comprehensive proof is vital. Collect:
- Pay stubs or direct deposit records for the period before and after the injury.
- A letter from your employer detailing dates missed and hourly or salary rate.
- Federal income tax returns (Form W-2 or 1099) to establish baseline earnings.
- Timesheets, correspondence, or schedules showing planned hours.
- Medical records and doctor’s notes confirming injury onset dates and work restrictions.
3. Calculating Future Losses
If your injury affects long-term earning capacity, consider:
- A vocational expert’s assessment of job duties you can no longer perform.
- Documentation of training or certifications you cannot use due to permanent impairments.
- Economic projections showing the difference between your pre-injury and post-injury earning potential.
4. Submitting Your Claim
Once you have assembled evidence, follow these steps:
- Send a Demand Letter: Write to the at-fault party or their insurer. Include a summary of injuries, medical records, and wage documentation.
- Negotiate: Insurers will review your submission under RSA 507:7 (NH RSA 507:7) to value your claim.
- File a Lawsuit: If negotiations stall, you may file suit within the two-year statute of limitations (RSA 508:4). Provide the court with all wage proofs and expert reports.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Track all missed work days in a dedicated journal with dates and hours.
- Request written confirmation from your employer of any paid leave or sick days used.
- Keep original pay stubs and make certified copies of medical records.
- Review your employment contract for bonus or overtime provisions that may affect wage calculations.
- Consult a personal injury attorney early to ensure you meet all filing deadlines.