Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
In Virginia, you can claim economic damages for lost wages after a car accident under Code of Virginia § 8.01-34.6. Whether you work full time or part time, the process remains the same. To prove lost wages from a part-time job, you must show the hours you missed and the pay you would have earned.
Start by collecting your regular pay stubs or direct deposit records for at least six months before the accident. These documents establish your hourly rate and average weekly income. Next, obtain written confirmation from your employer—such as an employer statement or letter—detailing the dates and number of hours you missed because of injuries. If your employer no longer retains records, you can prepare an affidavit under oath declaring those details.
Supplement employer records with personal logs, scheduling apps, time-clock printouts or emails that confirm your regular shifts. If you worked variable hours, calculate your average earnings by totaling your income over a defined period (for example, three months) and dividing by the number of weeks. Show how many weeks you could not work due to medical restrictions.
Include your medical records and doctor’s notes to link your inability to work directly to the car accident. Virginia courts require reasonable certainty in lost wage claims; you must demonstrate a clear connection between your injuries and lost earnings. Submit your compiled evidence to the insurance adjuster or file it with the court when you initiate a personal injury lawsuit in the appropriate Virginia circuit court.
Helpful Hints
- Keep detailed timesheets or scheduling calendars to track hours before and after your accident.
- Save all pay stubs, direct deposit statements and W-2 forms to document your earnings.
- Ask your employer for a signed letter or affidavit confirming missed work dates and hours.
- Use email chains, scheduling apps or online time-clock records to corroborate your claims.
- Collect doctor’s notes and medical records that restrict you from working.
- If your hours vary, calculate an average weekly wage over a representative period.
- Organize your evidence chronologically in a single file or binder for easy presentation.
- Consult a local Virginia attorney to review your documentation and strengthen your wage-loss claim.