Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
To recover lost wages in a personal injury claim in Rhode Island, you must present clear evidence of earnings lost due to your injury. Rhode Island follows common-law principles for assessing lost-wage damages. You need to establish three core elements:
- Employment Status and Wage Rate
Show your job title, salary or hourly wage, and typical work schedule. Acceptable records include:- Recent pay stubs showing hours worked and wages earned
- W-2 forms for the past one to three years
- Tax returns verifying income (Form 1040 and Schedule C for self-employed individuals)
- Employment contracts or offer letters indicating salary or hourly rate
- Duration of Absence
Demonstrate the period you could not work due to your injury with:- Medical records and doctor’s notes outlining work restrictions and recovery timeline
- Hospital or emergency department discharge summaries
- Physical therapy and rehabilitation attendance records
- Mitigation Efforts
Show steps you took to return to work or seek alternative employment:- Employer correspondence regarding light-duty assignments or accommodations
- Job search logs if you sought temporary or new work
- Evidence of acceptance or rejection of suitable light-duty tasks
Rhode Island permits business records as evidence under the business records exception to hearsay. Records prepared in the ordinary course of business qualify as reliable evidence. See R.I. Gen. Laws § 9-17-3.
Helpful Hints
- Gather documents promptly to prevent loss or damage.
- Request certified copies of pay records from employers or payroll providers.
- Maintain a daily log of missed work, tasks, and estimated earnings lost.
- If self-employed, keep detailed profit-and-loss statements, client invoices, and bank statements.
- Retain all medical documentation that explains your inability to work and any restrictions.
- Consult with an attorney to ensure you submit the strongest evidence for your claim.