Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, consult a licensed attorney.
Detailed Answer
Under Texas law, if you suffer a personal injury due to another’s negligence, you can recover economic damages for both past and future lost wages. Texas Civil Practice & Remedies Code §41.001(2) defines “actual damages” to include compensation for lost earnings: Tex. Civ. Prac. & Rem. Code §41.001.
1. Identify Compensable Wage Losses
Compensable wage losses include:
- Past wages lost between the injury date and settlement or verdict
- Future lost earning capacity if the injury limits your ability to work
2. Gather Supporting Documentation
Collect documents that prove your income before and after the injury:
- Pay stubs and W-2 forms
- Federal income tax returns
- Employer statements confirming your job role, pay rate, and missed hours
- Attendance records or timesheets
- Medical records linking your absence to the injury
3. Calculate Your Lost Wages
For past wages, total the documented pay you missed. For future losses, multiply your average weekly wage by the estimated weeks you cannot work. Consider a vocational expert to support future earning capacity claims.
4. Presenting Your Claim to Insurers or in Court
When negotiating with an insurer, include an itemized demand letter that:
- Describes the injury and its impact on your employment
- Lists total past and future lost wages
- Attaches all supporting documentation
If you file a lawsuit, Texas Rule of Civil Procedure 190.3 requires you to include a disclosure of expert testimony if you rely on a vocational expert for future wage loss.
5. Adhere to the Statute of Limitations
File your lawsuit within two years of the injury date per Texas Civil Practice & Remedies Code §16.003: Tex. Civ. Prac. & Rem. Code §16.003. Missing this deadline can bar your claim.
6. Note on Damages Caps
Texas caps non-economic damages, but economic damages like lost wages are not capped: Texas Civil Practice & Remedies Code §41.003: Tex. Civ. Prac. & Rem. Code §41.003.
Helpful Hints
- Keep a daily log of missed work hours and duties
- Request written confirmation from your supervisor of your pay rate and work schedule
- Maintain both physical and digital copies of all documents
- Consider a vocational expert for an accurate future wage estimate
- Review any settlement offer with a personal injury attorney before signing