Disclaimer: This information is for general educational purposes and does not constitute legal advice.
Detailed Answer
Under Texas law, you can recover economic damages such as lost wages after an accident. To win a lost wage claim, you must show your earnings before the accident, the period you missed work, and any ongoing reduction in earning capacity. Texas law defines “economic damages” to include lost wages (Tex. Civ. Prac. & Rem. Code §41.001(4)) and requires that you prove those damages with reasonable certainty.
Here are the key records you should gather:
- W-2 Forms: Annual wage statements from your employer for the year of injury and prior years to establish your average earnings.
- Pay Stubs: Regular earnings statements showing gross pay, hours worked, and deductions immediately before and after the accident.
- 1099s: Forms 1099-NEC or 1099-MISC if you worked as an independent contractor. These show non-employee compensation.
- Tax Returns: Federal returns (Form 1040) with Schedule C or E for self-employed individuals to document net business income.
- Employer Verification Letter: A signed letter on company letterhead confirming your job title, salary or hourly rate, work hours, and exact dates you missed due to injury.
- Profit & Loss Statements: For business owners, detailed P&L statements or ledgers showing gross revenue, expenses, and net profit before and after the accident.
- Vocational Expert Reports: Expert opinions projecting future lost earning capacity if your injuries limit your ability to work at the same level.
Court rules allow you to summarize voluminous records under the Texas Rules of Evidence, Rule 1006. Always keep originals and prepare clear summaries showing how each number connects to your claim.
Helpful Hints
- Organize documents chronologically to show a clear earnings timeline.
- Redact sensitive information such as Social Security numbers before sharing documents.
- Request payroll and employment records from your HR department as soon as possible.
- Maintain both digital and paper copies of every document, email, and letter.
- Consider consulting a personal injury attorney if you encounter gaps or discrepancies in your records.