Affidavit of Self-Employed Independent Contractor regarding Loss of Wages as Proof of Damages in Personal Injury Suit
Definition and meaning
An Affidavit of Self-Employed Independent Contractor regarding Loss of Wages as Proof of Damages in a Personal Injury Suit is a legal document used to affirm a self-employed individual's loss of income due to an injury. This affidavit serves as evidence to establish financial hardship resulting from a personal injury, particularly in legal proceedings. It outlines the contractor's work history, income loss, and details surrounding the injury, providing a sworn statement to the court.
Who should use this form
This affidavit is intended for self-employed contractors who have experienced a loss of earnings due to an injury. Individuals in professions such as freelancers, consultants, and independent tradespeople may find this form particularly useful. It can be employed in legal contexts where proof of damages is necessary to seek compensation from another party for personal injuries that resulted in lost income.
Key components of the form
The form generally includes the following key components:
- Identifying information: This includes the contractor's name, contact details, and profession.
- Income details: The affidavit should provide an overview of average earnings over the past two years.
- Injury description: A detailed account of how the injury occurred, including the date and circumstances.
- Loss calculation: Specific details on the number of workdays missed and total income loss as a result of the injury.
Common mistakes to avoid when using this form
When completing the affidavit, users should be cautious of the following common mistakes:
- Inaccurate income reporting: Ensure that the income figures are accurate and reflective of earnings.
- Incomplete injury descriptions: Provide thorough and clear descriptions to avoid ambiguity.
- Neglecting notarization: Remember that the affidavit must be notarized for it to be legally binding.
What to expect during notarization or witnessing
When having the affidavit notarized, you should be prepared to present valid identification to the notary. The process typically involves:
- The notary confirming your identity.
- You signing the affidavit in the presence of the notary.
- The notary signing and sealing the document to officially complete the notarization process.
Always ensure that the notary is authorized in your state to notarize such documents.
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FAQ
To claim loss of earnings, you'll need to be able to produce evidence of the money you've lost as a result of your injury. The best way to do this is to provide payslips for an extended period of time, normally around six months pre-injury, to show a detailed history of your earnings.
Make a list of the lost income and wages to get an accurate total. Ask the treating physician for a letter stating the dates you could not work. Ask your employer for a lost wage and income statement if possible. Describe the accident in the first section of the letter.
Loss of earnings can often form a large part of a personal injury claims and if you are able to document your earnings and prove, by way of medical evidence, that you were justified in taking time off work following your accident, then you should be able to recover earnings lost as a result of your inability to work if
Employed Loss of Earnings Claim Courts usually calculate your average salary through your net monthly wages for the past three months. This will be multiplied by the amount of time you have been absent from work, to assess your loss of earning claim.
The Lost Wages Assistance (LWA) program, authorized by the Presidential Memorandum, provides eligible claimants a supplemental payment of $300 per week, for up to six weeks, in addition to their weekly unemployment benefit amount. The LWA program will expire on Saturday, December 26, 2020.
How will my injury compensation be calculated? Your compensation will be calculated by adding together: General damages - awarded for pain, suffering and loss of amenity (PSLA), and; Special damages - awarded for any financial losses or costs you have incurred.
How Much Compensation Is Typical in Personal Injury Cases? More than half of our readers received payouts ranging from just $3,000 to $25,000. But another 26% of readers received over $25,000, making the overall average $52,900.
Many plaintiffs' attorneys were trained to use one of two methods for calculating pain and suffering. The first method is to multiply the plaintiff's actual damages (medical bills and lost wages) by a certain number, generally between 1 and 5 (depending on the severity of the injury).
To prove lost wages and income, you will need to support your claim by providing documents and evidence: Proof of lost income and opportunity: The key is to show how much you would have earned from the date of the accident to the time of full recovery.