Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
Understanding Lost Wages in Rhode Island
Under Rhode Island law, a person injured by another’s negligence may recover compensation for wages lost during recovery. The R.I. Gen. Laws § 9-1-4 defines recoverable damages to include “actual damage” for loss of wages and earning power. You must prove the amount and cause of those losses.
Step 1: Gather Documentation
Collect every record showing your income and time missed from work:
- Pay stubs or direct deposit records
- Wage statements (W-2s, 1099s)
- Employer letters verifying dates and hours missed
- Medical records and doctor’s notes confirming your inability to work
- Tax returns to illustrate consistent earnings history
Step 2: Calculate Your Lost Wages
Use the documentation to calculate:
- Gross wages you would have earned, including overtime and bonuses
- Fringe benefits (e.g., health insurance contributions)
- Self-employed income, based on business records and tax filings
- Projected future losses if your injury reduces earning capacity
Step 3: Submit a Claim to the Insurer
Before filing a lawsuit, present your lost-wage claim to the at-fault party’s insurance company:
- Prepare a demand letter summarizing your losses and attaching documentation
- Keep copies of all correspondence and a log of phone calls
- Respond promptly to insurer requests for further information
Step 4: File a Lawsuit if Needed
If the insurer denies your claim or offers insufficient compensation, you may file suit. Under Rhode Island’s statute of limitations, you must sue within three years of the injury date (R.I. Gen. Laws § 9-1-14). Late filing generally bars recovery.
Helpful Hints
- Maintain a dedicated folder (digital or paper) for all injury-related records.
- Track every appointment and day off work in a simple calendar.
- Consider a vocational expert if you claim future lost earning capacity.
- Keep a daily journal of pain levels and activity limits—courts find contemporaneous notes persuasive.
- Consult a personal injury attorney early to preserve key evidence and deadlines.