Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.
After a personal injury in Wyoming, you may miss work and lose income. To recover those lost wages, gather proper documentation and follow Wyoming’s legal requirements. This guide explains how to document and claim lost wages in a personal injury case.
Detailed Answer
1. Understanding Lost Wages
Lost wages include income you miss because of an injury. This covers both past earnings (from the date of injury until you return to work) and any reduction in your future earning capacity if you can’t resume full duties.
2. Gathering Documentation
To support a claim for past lost wages, collect:
- Pay stubs or payroll records showing your regular earnings before the injury.
- An employer’s statement confirming hours missed and your usual pay rate.
- W-2 forms or tax returns for the year prior to injury.
- Doctors’ notes or work-status reports detailing your inability to work.
If you’re self-employed or work as an independent contractor, include:
- Profit & loss statements or 1099 forms.
- Bank statements reflecting income deposits.
- Business tax returns.
- An expert report estimating lost business income.
3. Calculating Future Lost Wages
If your injury affects your ability to earn in the future, you may need:
- A vocational expert report projecting your expected earnings based on age, skills and education.
- A medical expert opinion on any permanent impairment that limits your work capacity.
Wyoming law allows recovery of future lost earnings under Wyo. Stat. Ann. § 1-3-101, which governs compensatory damages in tort actions.
4. Submitting Your Claim
Begin with a written demand letter to the insurer or at-fault party. Include:
- A summary of your injuries and medical treatment.
- An itemized list of past and future lost wages with supporting documents.
- A clear statement of the total amount you’re seeking for lost income.
If negotiations stall, you can file a personal injury lawsuit in Wyoming district court. Remember to act within the two-year statute of limitations set by Wyo. Stat. Ann. § 1-3-102.
Helpful Hints
- Keep a detailed work journal documenting dates, hours and tasks you miss.
- Follow medical advice and return to work in any capacity to mitigate your damages.
- Request a written statement from your employer immediately after your injury.
- Organize all documents chronologically to clearly show the timeline of your losses.
- Consult an attorney early to ensure you meet Wyoming’s procedural requirements.