Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney before making legal decisions.
After a car accident in Texas, you can claim economic damages for lost wages—including income from a part-time job. Under Texas law, “economic damages” include objective, pecuniary losses such as lost earning capacity and lost wages (Tex. Civ. Prac. & Rem. Code §41.001(2)).
1. Gather Employment Records
- Pay stubs and employer payroll records showing hours worked and hourly rate.
- W-2 forms or IRS transcripts for the year to establish baseline earnings.
- Bank statements reflecting regular deposits from your part-time employer.
- A written letter or affidavit from your employer confirming your position, hours, pay rate, and dates you missed due to the accident.
2. Obtain Medical Documentation
- A physician’s note or medical report stating when you were unable to work and for how long. This establishes the causal link between your injuries and lost income.
3. Calculate Your Lost Wages
- Multiply your regular hourly rate by the total hours missed.
- Include any overtime or differential pay you regularly earned.
- Subtract any paid time off, sick leave, or other compensation you received while out of work.
4. Use Alternative Proof When Records Are Sparse
- If you have limited payroll records, keep a detailed work log or calendar noting scheduled shifts and hours missed.
- Request coworker statements confirming your typical work schedule.
- Show deposits in your bank account that match your part-time paychecks.
5. Admissibility of Records
Texas law allows you to introduce employer records under the business records exception (Tex. R. Evid. 803(6)). Ensure records are properly authenticated and accompanied by a custodian’s affidavit if required.
6. Presenting Your Claim
- Submit a demand package to the insurer including itemized lost-wage calculation, documentation, and medical records.
- If your claim proceeds to litigation, prepare your employer and medical providers to testify about your earnings and work restrictions.
Helpful Hints
- Track all expenses and paperwork in a dedicated folder or digital file.
- Ask for an itemized earnings report from your employer’s payroll department.
- Maintain clear communication with your medical provider about work restrictions.
- Keep a copy of every document you send to insurers or attorneys.
- Consider consulting an attorney early to ensure you meet all procedural deadlines under the Texas Civil Practice & Remedies Code.