Detailed Answer
Understanding Lost Wages Under Tennessee Law
In Tennessee personal injury cases, you can recover lost wages as part of your special damages. Tennessee Code Annotated §29-39-102(d)(1) authorizes recovery for both past and future lost earnings. To prove your claim, you must document your actual income loss and, if applicable, your reduced earning capacity.
Step 1: Gather Your Documentation
- Pay stubs and payroll records: Collect all pay stubs covering the period you missed work. If you’re salaried, provide verification of your salary and work schedule.
- Tax returns and W-2s: These establish your historic earnings. Provide at least two years of returns to show income trends.
- Employer statement: Ask your employer to confirm the dates you missed, your hourly rate or salary, and any benefits or bonuses you lost.
- Medical records: Obtain doctor’s notes or treatment records showing your injury diagnosis, treatment plan, and any work restrictions or anticipated recovery timeline.
Step 2: Calculate Past and Future Lost Earnings
Past Lost Wages: Add up the exact amount you lost from missed work, including overtime, commissions or bonuses. Use your pay stubs and employer’s confirmation.
Future Lost Earnings: If your injury causes long-term disability or reduced capacity, calculate the difference between your pre-injury earning capacity and your projected post-injury capacity. You may need a vocational expert or economist to provide a report.
Step 3: Prepare Your Demand or Complaint
When you submit a demand letter or file a lawsuit, include a clear summary of your wage-loss figures. Attach copies of pay stubs, tax returns, employer letters, and medical records. Cite Tennessee’s statute on damages: Tenn. Code Ann. §29-39-102(d)(1).
Step 4: Negotiation and Litigation
Insurance adjusters often review your documents and may request additional proof. Be ready to provide complete and organized records. If the insurer refuses a fair settlement, you can file a lawsuit in Tennessee state court. In court, present your documentation through testimony, exhibits, and expert reports. Tennessee Pattern Jury Instruction 27.01 guides how juries assess lost earnings.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Tennessee attorney for guidance specific to your case.
Helpful Hints
- Track your work calendar in real time. Note dates you miss or leave early due to injury.
- Maintain a file with original records and labeled copies for your claim.
- Request a written work-restriction memo from each treating provider.
- Consult a vocational expert early if you anticipate future earning capacity loss.
- Work with a personal injury attorney to ensure you meet all Tennessee procedural deadlines.