Detailed Answer
Under Nevada law, a plaintiff seeking compensation for lost wages after an accident must prove the amount and duration of income lost due to the injury. Nevada Revised Statutes (NRS) 41.141 governs proof of loss of earning capacity. Courts examine your pre-accident earnings, actual wages lost, and any reduction in future earning potential.
To establish lost wages, assemble documentation showing your historical earnings and how the accident affected your ability to work. Key records include:
- W-2 Forms: Provide W-2s for the past two to three years to demonstrate gross annual income.
- Pay Stubs: Collect pay stubs covering at least 6–12 months before the accident and any that verify wages you missed post-accident. Highlight overtime, bonuses, and commissions.
- 1099 Forms: If you work as an independent contractor, include 1099-MISC or 1099-NEC forms showing non-employee compensation.
- Tax Returns: Submit federal and state returns (Form 1040 and Schedule C, if self-employed) for the relevant years. These support reported income and net profit.
- Employer Statements: Request a letter or signed statement from your employer detailing dates you missed, hourly rate or salary, typical hours, and benefits lost.
- Self-Employment Records: For business owners or freelancers, use profit-and-loss statements, ledgers, bank statements, and invoices to substantiate income loss.
Organize your evidence chronologically. Clearly mark the period before the accident, the gap in earnings, and any gradual return to work.
For workplace injuries, Nevada’s workers’ compensation laws (NRS Chapter 616C) may provide wage replacement benefits. File a claim with your employer’s insurer and supply similar documentation: NRS Chapter 616C.
By presenting clear, consistent records, you satisfy the requirements under NRS 41.141 and strengthen your lost wage claim.
Helpful Hints
- Keep original documents and work from copies.
- Highlight key figures (hours, rates, dates).
- Use a spreadsheet to calculate average weekly earnings.
- Obtain written confirmations from employers or clients.
- Include benefits (health insurance, retirement contributions) if disputed.
- Maintain a work log documenting missed shifts and reduced hours.
- Consult a licensed attorney promptly to review your records.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Nevada for guidance on your specific situation.