Disclaimer: This article is for informational purposes only and is not legal advice. Always consult a qualified attorney before making legal decisions.
Detailed Answer
After a personal injury in West Virginia, you can recover lost wages as part of your economic damages. Lost wages include earnings you missed while recovering and diminished future earning capacity. To succeed, you must document your losses, file within the applicable deadline, and present clear evidence to the insurer or court.
1. Gather Documentation
Collect all records showing your pre-injury income and the wages you missed due to the injury. Key documents include:
- Recent pay stubs or direct-deposit summaries
- W-2 forms and federal tax returns
- Employer letters confirming salary, job title, and time off
- Timesheets, scheduling calendars, or shift logs
- Invoices, 1099s, or contracts if you work as an independent contractor
2. Calculate Your Loss
For salaried employees, divide your annual salary by pay periods. For hourly workers, multiply your hourly rate by the exact hours or days you missed. Include regular bonuses, commissions or overtime you would have earned.
3. Observe the Statute of Limitations
You generally have two years from the date of injury to file a lawsuit under West Virginia Code § 55-2-12. Missing this deadline usually bars your claim.
4. Present Your Claim
Prepare a demand letter or package for the at-fault party’s insurer. Clearly itemize lost wages with supporting documents. If negotiations stall, file suit in the circuit court in the county where the injury occurred and attach your wage evidence as exhibits.
5. Prove Future Lost Earning Capacity
If your injury limits future work, you can claim future lost earnings. Obtain an expert report—such as from a vocational specialist or economist—that explains your work restrictions and projected income loss. Demonstrate a direct link between your injury and decreased earning capacity.
Helpful Hints
- Maintain a daily recovery journal noting missed workdays and activities you can’t perform.
- Request a formal letter from your HR department detailing your job duties and pay rate.
- Keep copies of all medical records, bills, and communications with insurers.
- Consider hiring a forensic accountant for complex income situations.
- Act promptly to avoid missing the two-year filing deadline under § 55-2-12.