Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
Under Nevada law, a plaintiff may recover lost wages as part of “actual damages” following an injury. See NRS 41A.015. Calculating lost earnings ensures full compensation for income you reasonably would have made but for the incident.
Typical income types you can include when calculating lost wages in Nevada:
- Base Salary or Hourly Pay: Regular gross earnings up to the date you stopped working.
- Overtime and Shift Premiums: Additional pay for overtime hours or special shifts you routinely worked.
- Bonuses and Commissions: Performance-based compensation you regularly earned. Document past bonus history and commission statements.
- Self-Employment Income: Net profits from your business or freelance work. Use tax returns, profit-and-loss statements, or expert analysis to establish lost earnings.
- Fringe Benefits: Employer-paid benefits tied to your earnings, such as retirement contributions, health insurance premiums, and paid leave accruals.
- Sick and Vacation Pay: Paid leave you were unable to use due to your injury. Employers must pay accrued leave as part of your wages under standard policies.
- Expected Raises or Promotions: Anticipated pay increases or new positions you likely would have secured. Demonstration may require performance reviews or employer testimony.
- Tips and Gratuities: Customary tips you earned if they constituted a regular source of income.
To quantify these losses, gather payroll records, tax returns, time sheets, and employer affidavits. If you are self-employed, a forensic accountant can provide a detailed calculation.
Helpful Hints
- Document everything: Keep pay stubs, bank statements, and employer communications.
- Track absence dates: Note every day you miss due to the injury.
- Seek expert help: An accountant or vocational specialist can strengthen your claim.
- Understand NRS 41A.015: Familiarize yourself with Nevada’s actual damages statute.
- Consult early: Discuss your case with an attorney before statute-of-limitations deadlines.