Detailed Answer
To prove lost wages in Nebraska after an accident, you must show both your pre-accident earnings and the amount you actually lost due to your injury. Courts in Nebraska award lost wage damages under the personal injury statute, which measures lost earning capacity and actual lost earnings. See Neb. Rev. Stat. § 25-21,183 (measures of damages) and § 25-21,185 (loss of earning capacity).
Gathering the right records helps you establish both your typical earnings and the hours or days missed because of the accident. Below is a list of the most common documents you should collect:
- Pay Stubs: Provide recent pay stubs (ideally covering 6–12 months pre-accident) to show your hourly rate, salary, overtime, bonuses, commissions, and deductions.
- W-2 Forms: Federal W-2s for the previous 2–3 tax years demonstrate your annual wage history. W-2s help calculate average earnings if your hours varied seasonally.
- 1099 Forms: If you worked as an independent contractor or received non-employee compensation, 1099-MISC or 1099-NEC forms from the past 2–3 years prove your income.
- Employer Verification Letter: A signed letter on company letterhead from your employer stating your job title, pay rate, typical hours, and dates you missed due to the accident.
- Tax Returns: Complete federal tax returns (Form 1040 with Schedule C if self-employed) show net income for business owners and freelancers.
- Profit & Loss Statements: For self-employed individuals, year-to-date and previous year profit & loss statements (prepared by an accountant) support your claimed earnings.
- Timesheets or Work Logs: If your employer tracks your hours, these records establish how many hours you miss each week.
- Bank and Payroll Deposit Records: Bank statements or direct deposit records confirm what actually hit your account after payroll processing.
Once you’ve compiled these documents, organize them chronologically and highlight the figures that correspond to missed work. Present your evidence clearly in your demand letter or at deposition. This makes it easier for insurers, mediators, or juries to calculate your lost wage damages accurately.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Nebraska to discuss your specific situation and rights.
Helpful Hints
- Request duplicate W-2s or 1099s from your employer or the IRS if you can’t find originals.
- Keep a detailed log of all medical appointments that caused you to miss work.
- Ask your employer to break out overtime and bonuses separately to maximize reimbursement.
- Scan and back up all documents digitally, with clear labels and dates.
- Review Nebraska’s personal injury damages statutes to understand how lost wages fit into overall compensation.
- Consider consulting a certified public accountant (CPA) if you are self-employed or have complex finances.
- Keep copies of all correspondence with insurers and employers regarding wage verification.