Detailed Answer
When you suffer a personal injury due to someone else’s negligence in New Mexico, you may recover lost wages as economic damages under NMSA 1978, §41-3-1. To document and claim your lost wages, follow these steps:
1. Calculate Your Wage Losses
- Regular and Overtime Pay: Compile pay stubs or payroll records showing hours worked, pay rate, overtime, and bonuses.
- Benefits and Commissions: Include employer-paid benefits, commissions, and other compensation you lost.
- Self-Employment Income: Use tax returns and profit-and-loss statements to establish your average daily or weekly earnings.
2. Gather Supporting Documentation
- Pay Stubs and W-2s: Provide copies for the period before and after injury.
- Employer Letter: Obtain a signed letter confirming missed hours, duties, pay rate, and any sick or vacation time used.
- Tax Returns: Submit federal and state returns or IRS transcripts if you are self-employed.
- Time Sheets and Schedules: Include digital logs or handwritten timesheets showing days you could not work.
- Medical Records: Collect doctor’s notes and hospital records documenting your injury and recovery timeline.
- Injury Diary: Keep a daily log of your condition, lost hours, and work restrictions.
3. Present Your Claim to the Insurer or in Court
- Demand Letter: Draft a letter to the at-fault party’s insurer outlining your wage losses with itemized totals and attachments.
- Insurance Claim Forms: Complete forms accurately and attach supporting evidence.
- Pleadings and Disclosures: In a lawsuit, list lost wages under “special damages” and exchange information under Rule 1-026 NMRA Initial Disclosures.
- Expert Witnesses: For complex or future wage losses, consider an economist or vocational specialist.
New Mexico caps noneconomic damages, but economic damages like lost wages remain fully recoverable. See NMSA 1978, §41-4-19 for noneconomic limits.
Helpful Hints
- Organize all documents by date in a dedicated file.
- Request digital copies of lost or destroyed records promptly.
- Track recovery milestones and work restrictions with your healthcare provider’s input.
- Keep your employer informed about expected return-to-work dates.
- Follow up regularly with the insurer to avoid unnecessary delays.
Disclaimer: This article provides general information under New Mexico law and does not constitute legal advice. For personalized guidance, consult a licensed attorney.