Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Detailed Answer
Under Washington law, a plaintiff in a personal injury action may recover damages for loss of past and future earnings. See RCW 4.24.010. To prove your lost wages, you must document your earnings before and after the accident. The following records are commonly used:
- W-2 Forms: Provide annual summaries of wages and withholding. Collect W-2s for at least two years prior to the accident.
- Pay Stubs: Show year-to-date earnings, hourly rates, overtime, bonuses and deductions. Obtain stubs covering the period immediately before and during your recovery.
- 1099-MISC or 1099-NEC Forms: For independent contractors or gig workers. Include forms for the same period as W-2s.
- Tax Returns: Federal Form 1040 with schedules, especially Schedule C (self-employment) or Schedule E (rental income), if applicable.
- Profit & Loss Statements: For business owners, prepared by a CPA or accountant, showing gross receipts and net profit.
- Bank Statements and Invoices: Corroborate deposits, payments received and business expenses.
- Employer Verification Letter: A signed statement on company letterhead confirming your position, wage rate, hours typically worked and time lost due to injury.
- Work Schedules: Payroll calendars or shift records documenting hours you would have worked.
- Unemployment or Disability Benefit Records: Show any offsets or benefits received while you were off work.
If you claim future lost earnings, courts often require expert testimony from an economist or vocational specialist to project your pre-accident earning trajectory. Washington’s statute of limitations for personal injury is three years from the injury date. See RCW 4.16.080. You may also recover prejudgment interest under RCW 4.56.110 on past wage losses.
Helpful Hints
- Start collecting records immediately after the accident.
- Keep digital and paper copies organized by date.
- Request missing pay stubs or W-2s from your employer or payroll provider.
- Maintain a daily journal of missed work days and symptoms affecting your ability to work.
- Consult a CPA or tax professional to prepare accurate profit-loss statements if you’re self-employed.
- Secure an employer letter early to avoid delays in litigation.
- Track benefits you receive (e.g., short-term disability) to calculate net lost earnings.
- Discuss document requirements with your attorney to ensure completeness.