Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Detailed Answer
After a car accident in Montana, you may recover lost wages as part of your personal injury claim. Under Mont. Code Ann. § 27-1-316, you can seek compensation for earnings you could not earn due to your injuries. To prove lost wages for a part-time position, follow these steps:
1. Gather Employment Records
Collect recent pay stubs, W-2 forms, 1099s, and bank deposit records. These documents show your usual earnings and work pattern before the accident.
2. Obtain an Employer Declaration
Ask your part-time employer for a signed letter or affidavit. It should state your job title, hourly rate or commission structure, normal work schedule, and dates you missed due to injury.
3. Use Tax Returns for Irregular Income
If your schedule varies week to week, include your last one to two years of tax returns and any profit-and-loss statements. These records help calculate your average weekly earnings.
4. Document Hours Missed
Keep a detailed log of all shifts or hours you could not work. Include shift schedules, emails, or texts confirming canceled or missed shifts due to your injuries.
5. Include Medical Evidence
Attach medical records showing treatment dates, doctor-imposed work restrictions, and any referral notes. These link your inability to work directly to your accident injuries.
6. Calculate Your Lost Wages
Multiply your average hourly rate by the hours you missed. If you earned tips, bonuses, or overtime, calculate your average weekly earnings based on historical pay records.
7. Submit to Insurer or Court
Compile all documentation into a clear exhibit. Present it to the insurance adjuster or file it with court documents, demonstrating a reasonable basis for your lost wage claim.
Helpful Hints
- Track all medical appointments, travel time, and therapy sessions that interfered with work.
- Maintain a daily journal of pain levels and work limitations to support your claim.
- Use a spreadsheet to calculate average earnings if income fluctuates.
- Ask your employer to itemize any commissions, tips, or bonuses you lost.
- Retain copies of every document you submit to insurers or the court.
- Consult a personal injury attorney early to ensure your documentation meets legal standards.