It is essential to offer admissible evidence when proving lost wages after a New Mexico accident. Evidence includes financial statements, pay stubs, employment agreements, taxes, and medical documentation. Then, these findings must be packaged and presented to the insurance company or at-fault party during negotiations.
In this post, a New Mexico personal injury lawyer answers the following questions:
- What Are Lost Wages?
- What Can You Recover From a Lost Wages Claim?
- How to Prove Lost Wages After a New Mexico Accident
- Evidence You Need to Prove Lost Wages
- How to Prove Lost Wages When Self-Employed
- How to Prove Lost Wages If You Can’t Return to Work
New Mexico laws ensure that you receive adequate reimbursement for the losses someone else caused you, including for your time missed at work. Keep reading the article below to learn more about proving lost wages in an accident case.
What Are Lost Wages?
Lost wages are dollars and benefits you forfeit for missing work after an accident. Since the point of a claim is to recover compensation for your total losses, lost wages are another form of civil damages you may recover. Additionally, you can also recover future lost earnings and capacity from the negligent party if you cannot return to work as usual over the long term.
What Can You Recover From a Lost Wages Claim?
The term lost wages describes a broad range of damages that an injured victim can claim under New Mexico civil laws. They are the wages and benefits you receive in consideration for your employment.
The types of lost wages you can recover in New Mexico include:
- Benefits
- Bonuses
- Future lost earnings
- Hourly wages
- Overtime pay
- Sick days
- Tips
- Vacation days
How to Prove Lost Wages After a New Mexico Accident
The evidence that you present to the insurance company must show that a specific event sequence occurred. These events generally demonstrate that negligence caused your injuries, and your doctor ordered you to bed rest.
More specifically, the elements that you must prove are:
- General duty. The at-fault party owed you a general duty of care.
- Breach of duty. The at-fault party breached his or her general duty.
- Causation. The breach resulted in your injuries or a family member’s death.
- Damages. Your doctor ordered you to stay home from work, and you lost wages because of this necessity.
From the above-referenced list, you can see that you must be able to prove each element. You can accomplish this task by gathering the proper evidence that speaks to the facts and circumstances of your case.
Evidence You Need When Proving Lost Wages in an Accident Case
The insurance company will never “just take your word for it” when it comes to paying a settlement, especially for a severe accident or wrongful death. They will push back when you file a claim by demanding evidence. The documentation and resources available will make a massive difference in your overall result.
The evidence you need when proving lost wages in an accident case includes:
- Bank statements
- Expert opinion
- Eyewitness testimony
- Medical documentation
- Pay stubs
- Tax returns
- Verification letters
- W-2 forms
- Other forms of evidence
The medical documentation portion will need to show that you were physically unable to return to work because of your accident injuries. It must also demonstrate the amount of bed rest you were prescribed and evidence that supports you followed through on your care plan.
How to Prove Lost Wages When You Are Self-Employed
Proving self-employed, lost wages in an accident case is different from those in private employment. If you’re self-employed and cannot return to work, you can prove lost wages after an accident to recover those losses, as well.
You could also receive compensation for:
- Goodwill losses
- Investment losses
- Opportunity losses
- Profit losses
Since these cases are tough to prove, you should work with a personal injury attorney in New Mexico. We have the requisite local knowledge and resources to help you determine a fair amount to demand from the insurance company. Otherwise, you could possibly be leaving a significant amount behind.
How to Prove Lost Wages After a New Mexico Accident If You Can’t Return to Work
In severe matters, an individual cannot return to work due to a long-term, debilitating injury. Proving lost wages under these circumstances is a more challenging undertaking. Hire a personal injury attorney to help you assess several factors with the help of subject-matter experts.
These factors may include:
- Educational background
- History of earnings
- Lifestyle
- Number of years left before retirement
- Specialized skills and training
- Your overall employment history
These factors are helpful when estimating the economic damages you may suffer in the future. Your attorney will ensure that your claim accounts for every area of your life impacted while demanding a fair amount when losses are discovered.
You should also be aware that deadlines apply to your case. Check out this article to learn more: “What Is the Statute of Limitations for a Car Accident in New Mexico?“
Contact Us to Prove Lost Wages After a Personal Injury
Proving lost wages in an accident case is complicated. An experienced personal injury lawyer in New Mexico can help you establish your claim’s value while proving your losses to opposing parties. Get a Free Case Evaluation with Grano Law Offices, P.C. by calling (505) 426-8711 or send us a confidential and private message through our contact form below.
