Detailed Answer
After a car accident in Arkansas, you can claim compensation for income you lost when you missed work. Part-time workers face unique proof challenges because their hours and pay often vary. Under Arkansas law, you must show both the amount of wages you lost and that the accident caused the loss. You can present this evidence to an insurance adjuster or in court if negotiations stall.
1. Understand Lost Wages Under Arkansas Law
Arkansas courts treat lost wages as economic damages. To recover them, you need clear proof of your earnings before and after the crash. See Ark. Code Ann. § 16-22-308 on admissible evidence: arkleg.state.ar.us/Title16/Chapter22/Subchapter3?subs=308. Auto accident claims follow the statutes in Title 27, Chapter 34: arkleg.state.ar.us/Title27/Chapter34/Subchapter1?subs=102.
2. Gather Key Documentation
- Pay stubs and time sheets. Submit several weeks of pre-accident pay stubs to establish your baseline earnings.
- Employer letter or affidavit. Ask your employer to confirm your hourly rate, typical weekly hours, and the dates you missed.
- Tax returns or W-2 forms. Use these if you lack recent pay stubs or if your part-time income fluctuates.
- Bank or direct deposit records. Match deposits to your pay stubs when necessary.
3. Calculating Part-Time Income
Calculate your average weekly earnings based on a representative period before the accident. Multiply that figure by the number of weeks you missed. If you had overtime shifts or tips, document those separately. For irregular schedules, use a monthly average divided by four.
4. Presenting Evidence to Insurers or in Court
Submit a clear, itemized demand letter. Attach copies of your documentation and a cover letter summarizing your lost-wage calculation. If the insurer disputes your claim, a deposition or affidavit from your employer and your own sworn statement can bolster your case. In court, you or an expert witness can testify about your income loss.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney to discuss your situation.
Helpful Hints
- Keep a detailed work diary. Note dates, hours missed, and any lost tips or commissions.
- Request a formal “statement of earnings” from payroll or HR.
- Photograph physical pay stubs and timecards in case originals get lost.
- Ask an attorney to review your demand letter before you send it.
- Track medical appointments and therapy sessions that caused you to miss more work.