Detailed Answer
Under Washington civil law, a plaintiff in a personal injury claim may recover past and future lost wages as “special damages.” See RCW 4.56.250. To prove your lost-wage claim, gather records that establish your income before and after the injury. Typical documents include:
- Pay stubs and wage statements covering at least six months before the injury and any missed-work periods.
- W-2 forms or 1099s for the past two to three years to demonstrate annual earnings.
- Federal tax returns (Form 1040) and business tax schedules if you operate as self-employed.
- Employer verification letters confirming your job title, regular hours, salary, bonuses, commissions, and overtime policies.
- Time cards or timestamp records to prove hours worked, especially for hourly employees.
- Employment contracts or offer letters outlining salary terms, raises, and benefits.
- Doctor’s notes or medical records verifying work restrictions and duration of disability.
- Vocational expert reports or labor market surveys estimating loss of future earning capacity.
When submitting your documents, ensure they clearly correlate to the injury timeline. If you are self-employed or have irregular income, detailed profit-and-loss statements and business records can help substantiate your lost earnings.
Washington’s collateral source rule prevents deducting certain benefit payments (like disability or paid leave) from your damage award. See RCW 4.56.250(4). Maintaining comprehensive records maximizes your chance of full recovery.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.
Helpful Hints
- Make digital backups of all wage-related documents and store them securely.
- Request an employer verification letter as soon as possible to avoid delays.
- Maintain a log of days and hours missed due to your injury.
- Gather at least two years of tax returns and business records before the injury date.
- Use a spreadsheet to track lost earnings and compare against your normal income.
- Consult a vocational expert for a reliable assessment of future earning capacity.
- Review medical records carefully to confirm the duration and extent of work restrictions.
- Organize documents chronologically to simplify review by your attorney.