Detailed Answer
After an accident in Tennessee, you can claim lost wages from every job you held when your injury prevented you from working. To succeed, you must document your wage loss and prove the other party’s liability. Follow these steps:
1. Document Your Employment
- Collect pay stubs, W-2s, tax returns or 1099s for each job. Note your hourly rate or salary.
- Ask each employer for a written confirmation of hours missed and expected work schedule.
2. Obtain Medical Evidence
Secure medical records and physician statements that confirm your injury, work restrictions, and recovery timeline. These link your injury directly to your lost earnings.
3. Calculate Your Lost Wages
Sum the income you would have earned during recovery at each job. Include:
- Regular wages or salary.
- Overtime, bonuses or tips.
- Anticipated raises or commissions.
4. Send a Demand or File a Lawsuit
Prepare a demand letter to the liable party or insurer. Detail your total wage loss with supporting documents. If negotiations don’t resolve your claim, file a personal injury lawsuit within two years under Tenn. Code Ann. § 28-3-104.
5. Negotiate or Litigate
Engage in settlement discussions supported by your records. If you cannot reach an agreement, present your evidence at trial. Demonstrate both the cause of your injury and the full amount of your lost earnings.
Key Tennessee Statutes
- Tenn. Code Ann. § 28-3-104 – Two-year statute of limitations for personal injury actions.
- Tenn. Code Ann. § 50-6-101 – Workers’ compensation definitions (if your injury arose at work).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Helpful Hints
- Keep a daily journal of your symptoms and missed work.
- Save all correspondence about work restrictions.
- Record medical expenses; you may recover them too.
- Notify insurers promptly to avoid procedural delays.
- Seek legal guidance early to comply with deadlines.