Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Washington for advice specific to your situation.
Detailed Answer
Understanding Lost Wages Under Washington Law
In a Washington personal injury claim, you can seek compensation for economic damages, which include past and future lost wages. Washington follows a comparative negligence system (RCW 4.22.005) and allows you to recover all provable monetary losses caused by the defendant’s negligence.
What Qualifies as Lost Wages?
- Past Lost Wages: Income you already lost due to time off for medical treatment, recuperation, or court appearances.
- Future Lost Wages: Estimated earnings you will miss if your injury leads to ongoing disability or reduced earning capacity.
Documenting Past Lost Wages
To establish your past wage loss, gather as much of the following as possible:
- Pay stubs or direct‐deposit records showing hours worked and rate of pay.
- Employer verification letters confirming dates and reasons for time off.
- IRS documents such as W-2s or 1099s if you’re a contractor or freelancer.
- Bank statements reflecting regular deposits if pay stubs are unavailable.
Estimating Future Lost Wages
Future wage loss often requires expert testimony. You or your attorney may hire a vocational expert to:
- Assess your pre-injury skills, experience, and earning history.
- Project your expected career path absent the injury.
- Calculate the difference between that projection and your anticipated post-injury earning capacity.
Claim Process
- Notify the Insurer: Promptly report your claim to the at-fault party’s insurance company and request their claim form.
- Submit Documentation: Attach your wage records, medical reports showing work restrictions, and any expert reports.
- Demand Letter: Draft a detailed demand letter outlining your damages, including a clear summary of past and future wage calculations.
- Negotiation: Engage in settlement discussions. Insurers may counteroffer—be prepared to provide additional proof or expert analysis.
- Litigation (if needed): If negotiations stall, you must file suit within three years of the injury under RCW 4.16.080. A court or jury will review your evidence to determine damages.
Helpful Hints
- Keep a daily journal of missed workdays, doctor visits, and symptoms to support your claim.
- Request a formal employment verification letter on company letterhead detailing your role, salary, and work hours.
- Save all medical records and physician notes that state how long you must avoid work or perform light duty.
- Organize your documents in a clear spreadsheet or ledger with dates, hours lost, and pay rate calculations.
- Consult a personal injury attorney early to review your documentation and strengthen your wage‐loss claim.
- Consider capturing non‐traditional earnings like bonuses, commissions, and retirement contributions as part of your total wage loss.