Detailed Answer
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
After a car accident in New Mexico, you can recover lost wages as economic damages. To prove these losses, follow these steps:
- Gather Pay Records: Collect pay stubs, W-2 forms or 1099s showing your earnings before and after the accident. For part-time roles with variable hours, bank statements or direct deposit records can confirm deposits.
- Obtain Employer Verification: Ask your employer for a written statement on company letterhead. It should confirm your hourly rate, scheduled hours, and the exact days or shifts you missed due to injuries.
- Document Missed Hours: Use your calendar, timesheets or work schedules to show the shifts you could not work. Highlight dates you were under medical care or ordered out of work by a doctor.
- Use Medical Records: Provide your doctor’s notes or restrictions specifying when you were unable to perform any work. This connects your injury directly to the missed hours.
- Apply Business Records Exception: Under the New Mexico Rules of Evidence Rule 11-803(6) (N.M. R. Evid. 11-803(6)), pay records kept in the regular course of business are admissible without additional witnesses.
- Calculate Average Weekly Earnings: If hours vary, total your earnings for a representative period (e.g., three months pre-accident) and divide by the number of weeks to establish an average weekly wage.
- Include Lost Benefits: If your part-time position offered benefits or commissions tied to hours worked, include prorated amounts as part of your economic loss.
- Consider Expert Testimony: For complex schedules or fluctuating income, a vocational expert or economist can prepare a lost-earnings report based on your records.
- File Within the Deadline: Remember New Mexico’s two-year statute of limitations for personal injury claims (NMSA 1978, § 37-1-8; N.M. Stat. Ann. § 37-1-8). Missing this deadline can bar your recovery.
Helpful Hints
- Keep original pay stubs and provide copies to your attorney and insurer.
- Request a signed, dated letter from your employer rather than an email to ensure formality.
- Maintain a daily journal of pain levels and doctor appointments to support why you missed work.
- Track all communication with insurers in writing; avoid over-the-phone statements without follow-up emails.
- Update your lost-wage calculation as you receive additional medical releases allowing you to return part-time or full-time.