Three Ways to Prove Your Wage Loss Claim in a Personal Injury Case
Posted Friday, October 18, 2019 by Chris Thayer
If you have been hurt in a Seattle auto accident, you may already realize that you have some options for getting help with the insurance claim. Do you know what you will need to provide in order to prove your injuries and damages? Most people do not. Fortunately, skilled auto accident lawyers may be able to help shed some light on the process and make sense of the situation. Lost wages are just one type of damage that you can try to recover, and there are generally a few great ways to help prove your lost wage claim.
*Written Verification From Employer* Perhaps the simplest way to prove your loss of income from a car accident is to obtain verification from your employer. Most employers are fairly reasonable, and a personnel or human resources department can complete a form (usually provided by your attorney), stating your income, number of days missed, and total loss of compensation. Keep in mind, however, that this is merely for settlement purposes. Such a document is generally not going to work at trial, but it is typically enough to help an insurance company understand the amount of work you missed.
*Pay Stubs* The second type of proof is your pay stub. This can be a tricky one, though. For employees who work hourly wage positions and miss a number of days due to their injuries, showing pay stubs from a few weeks prior to the injury, as well as the pay stub for the pay period when the accident occurred, can help an insurance company acknowledge that you did indeed see a diminished income as a result of the injury. Take caution, though, if you have a history of poor attendance, missed a lot of days before the crash, or were terminated for too many absences unrelated to your injury. In that case, your pay stubs may do more harm than good.
*Affidavits and Testimony* There are two types of testimony recognized in the law – written and oral. Written testimony is in the form of signed affidavits that are made under oath. Oral testimony is sworn and done in court or a deposition. If your injury case is poised to go to trial, it may be necessary to produce a written and signed affidavit from your employer or accountant or someone else familiar with your regular income. The affidavit should set forth your:
- Rate of pay
- Frequency of pay
- Time absent from work due to injury
- Total compensation not paid for these periods
If the case is tried before a jury, the person signing the affidavit may even have to come to court and openly testify about it.
*Collecting All Damages Available to You* If you are injured in Washington State, there are specific jury instructions that will be used to govern how you must prove your damages. Never leave money on the table by trying to pursue a claim alone. Contact Pivotal Law Group to discuss your injuries free of charge. Our team can help you understand all of the potential options you have for collecting compensation after an injury.