Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Wyoming law, a plaintiff may recover lost wages as part of economic damages in a personal injury claim. Lost wages are the earnings you would have received but for your injury. To establish a lost-wage claim with reasonable certainty, you must supply clear and convincing records demonstrating the amount and duration of income lost. See Wyo. Stat. § 1-1-109 (defining recoverable losses including the fair and reasonable value of time lost).
Gather the following documents to support your claim:
- Pay stubs and earnings statements: Recent pay stubs showing your hourly rate, salary, hours worked, and deductions.
- W-2 Forms and Tax Returns: Federal W-2 forms and state or federal tax returns for the years immediately before injury to establish your average annual income.
- Employer Verification Letter: A signed statement from your employer confirming your position, pay rate, work schedule, and the dates you were unable to work due to injury.
- Timecards or Timesheets: Records of scheduled hours versus hours actually worked to calculate missed time precisely.
- Physician’s Work Restrictions: Medical documentation indicating when your doctor advised you to stop working or limit your duties.
- Self-Employment Records: Profit and loss statements, 1099 forms, business ledgers, or appointment logs if you run your own business or perform freelance work.
- Tax Documentation for Self-Employed: Schedules C, K-1, and other IRS filings showing self-employment income and business expenses.
- Calendar or Journal Entries: A dated record of doctor visits, treatment days, and days you missed work due to medical appointments or recovery.
Helpful Hints
- Keep copies of all original documents and note when you submitted them to your attorney or insurer.
- Maintain a daily journal of symptoms and how they affected your ability to perform work tasks.
- Obtain periodic updates from your doctor about your expected recovery timeline.
- Ask your employer for regular confirmation of when you returned to work full duty or with restrictions.
- Use consistent record formats (spreadsheets, folders) to organize documents chronologically.
- Review your payroll records for any discrepancies that could understate your lost wages.
- Provide your attorney with a complete employment history to verify pre-injury earnings trends.
- Consult an attorney early to ensure you meet any filing deadlines under Wyoming’s statute of limitations.