Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Under Maryland law, you can recover lost wages as part of your damages in a personal injury claim. Maryland Courts & Judicial Proceedings § 11-104 allows compensation for pecuniary losses, including wages. To prove your claim, you must establish both the fact and amount of income you lost due to your injuries. Below are the most common records used to support a lost wage claim:
- Pay stubs: Recent pay stubs before and after the accident to show your regular earnings and hours worked.
- W-2 forms: W-2s for the past one to three tax years to establish your annual income baseline.
- Federal tax returns: Complete returns (Form 1040 and relevant schedules) if you are salaried or hourly. Self-employed individuals should include Schedule C.
- 1099 forms: 1099-MISC or 1099-NEC for independent contractors or gig workers, showing payments received.
- Employer statement: A letter on company letterhead confirming your position, pay rate, typical hours, and the specific dates you missed work.
- Timekeeping records: Timesheets or electronic time logs detailing hours you would have worked but for your injuries.
- Profit & loss statements: For business owners or freelancers, year-to-date profit/loss reports, invoices, and relevant bank statements.
- Bonus, commission & overtime documentation: Records of past bonuses, commissions, or overtime pay to demonstrate variable income streams.
If you expect long-term or future lost wages (for instance, if your injuries cause lasting disability), you may also need vocational expert reports or economic loss projections to estimate ongoing earning capacity.
Maryland statute on damages: Md. Code Ann., Cts. & Jud. Proc. § 11-104.
Helpful Hints
- Obtain both digital and paper copies of all pay records.
- Ask your employer for a detailed confirmation letter on official letterhead.
- Arrange documents in chronological order for clarity.
- Record any paid leave (sick time, vacation) you used due to your injury.
- Keep a daily log of symptoms and work limitations to support your claim.
- Consult a personal injury lawyer early to guide evidence gathering and ensure completeness.