Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Virginia to address your specific circumstances.
Understanding Lost Wages as Economic Damages
After a personal injury in Virginia, you may recover lost wages as part of your economic damages. Lost wages include income you would have earned if not injured, such as regular pay, overtime, bonuses and commissions. You can also claim diminished earning capacity if your injury causes a long-term or permanent reduction in earnings.
Step 1: Gather Employment Records
Collect documentation that proves your pre-injury earnings and post-injury losses. Key records include:
- Pay stubs or direct-deposit statements for at least six months before the injury
- W-2 forms or 1099s for the previous tax year
- A letter or declaration from your employer confirming your hourly rate, salary, average hours or typical commissions
- Timesheets, scheduling logs or electronic clock-in records
Step 2: Track Time Missed
Maintain a detailed log of all work you missed due to medical appointments, therapy sessions or inability to perform. Note dates, hours lost and reason for each absence. If you used paid leave (sick pay or vacation), document the dates and amounts used.
Step 3: Calculate Your Lost Wages
Use your employer’s rate and your time-missed log to calculate total lost wages. If you worked less hours or at reduced pay, figure the difference between your normal earnings and what you actually received. For overtime or bonuses, calculate the average weekly amount based on at least four weeks of past pay records.
Step 4: Preserve Medical Records
Medical notes and treatment records establish why you could not work. Ensure your healthcare provider documents:
- Dates of each visit or therapy session
- Work restrictions or out-of-work orders
- Expected recovery timeline
Step 5: Comply with Virginia’s Statute of Limitations
In Virginia, you generally have two years from the date of your injury to file a personal injury lawsuit. See Virginia Code §8.01-243(A)(1): law.lis.virginia.gov/vacode/title8.01/chapter5/section8.01-243/. Filing after this deadline may bar your claim.
Step 6: Presenting Your Claim
Submit a demand letter to the insurance company or responsible party. Include:
- A cover letter summarizing your injury and lost-wage claim
- Copies of all wage records, employer declarations and medical notes
- A clear calculation of total lost wages
The insurer will review your documentation and may offer a settlement. If negotiations stall, you can file suit in the appropriate Virginia court.
Helpful Hints
- Keep originals of pay stubs; send only copies.
- Get employer statements notarized or signed under oath.
- Use a calendar or time-tracking app for accurate records.
- Request records from all health-care providers, including physical therapists.
- Consult an attorney before signing any release or settlement offer.