Quick Answer
Yes. In Nevada, lost wages are a recoverable category of economic damages when you can prove that your accident-related injuries caused you to miss work, lose income, or reduce your earning capacity. Freeman v. Davidson, 105 Nev. 13, 768 P.2d 885 (1989). Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005).
You can also often claim the economic value of sick leave, vacation time, or PTO you were forced to use because you could not work due to the injuries, depending on the proof and the defense arguments. Proctor v. Castelletti, 112 Nev. 88, 911 P.2d 853 (1996). Bass-Davis v. Davis, 122 Nev. 442, 134 P.3d 103 (2006).
1) What “lost wages” can include in a Nevada injury claim
Lost wages are broader than just base hourly pay.
Common wage-related losses include:
- Missed work shifts and missed salaried days
- Reduced hours (for example, part-time instead of full-time)
- Lost overtime
- Lost tips and gratuities (with proper documentation)
- Lost commissions and bonuses (if tied to work and reasonably provable)
- Lost self-employment income (net income, not just gross receipts)
- Lost benefits tied to work (certain employer contributions and fringe benefits, when provable)
- PTO, sick leave, or vacation time you used because you could not work
2) The essential Nevada legal requirement: causation
Even when wage loss is real, you must prove it was caused by the incident and resulting injuries.
When the causal link is medically disputed and beyond common knowledge, Nevada often requires competent medical evidence stated to a reasonable medical probability. Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005). Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 262 P.3d 360 (2011).
3) How to prove past lost wages
Strong proof usually includes both medical support and payroll support.
A) Medical proof
- Doctor’s work status notes (off work, restricted duty, modified duty)
- Treatment records showing symptoms and limitations consistent with inability to work
- Disability certificates, when used
B) Employment and payroll proof
- Pay stubs before and after the incident
- W-2s or 1099s
- Timecards and attendance logs
- Employer wage verification letters (dates missed and wage rate)
- PTO and sick leave records showing what you used because of injury
- For tipped workers, tip records, sales reports, and employer documentation
Wage records are often admitted as business records when properly authenticated. NRS 51.135. NRS 52.015.
4) “Time off work” and PTO, sick leave, and vacation time
If you used PTO or sick leave because of the injury, the economic loss is commonly framed as: you had to spend a valuable employment benefit to cover time you otherwise could have used later.
Defense counsel sometimes argues PTO is a “collateral benefit.” Nevada generally applies a strict collateral source rule in tort cases. Proctor v. Castelletti, 112 Nev. 88, 911 P.2d 853 (1996). Bass-Davis v. Davis, 122 Nev. 442, 134 P.3d 103 (2006). Nevada has a specific statutory collateral benefits framework for professional negligence actions against providers of health care. NRS 42.021.
5) Self-employed, gig workers, and business owners: proving wage loss is different
If you are self-employed, wage loss proof is usually built from:
- profit and loss statements
- invoices, contracts, job calendars, and canceled work
- bank deposit histories
- 1099s and tax returns, when relevant
- business expense records to establish net income
A key practical point: insurers usually evaluate self-employment wage loss based on net income, not gross revenue, so clean documentation matters.
6) Future loss of earning capacity
If injuries create permanent restrictions or prevent you from returning to your prior job, wage damages may include future loss of earning capacity when supported by evidence. Freeman v. Davidson, 105 Nev. 13, 768 P.2d 885 (1989). Hall v. SSF, Inc., 112 Nev. 1384, 930 P.2d 94 (1996).
In larger cases, vocational rehabilitation experts and economists may be used to connect medical restrictions to work limitations and future earnings projections.
7) Mitigation matters, but it is not a blanket defense
Defendants frequently argue the injured person failed to mitigate wage loss by not returning to work sooner or not seeking modified duty.
Nevada recognizes mitigation principles, and defendants often use them to try to reduce claimed damages. Dillard Dep’t Stores, Inc. v. Beckwith, 115 Nev. 372, 989 P.2d 882 (1999). Automatic Merchandisers, Inc. v. Ward, 98 Nev. 282, 646 P.2d 553 (1982).
The best way to defend a wage loss claim is to show that you acted reasonably, followed medical advice, and returned to work when medically appropriate.
8) Expect the defense to seek your wage records
Because wage loss is a claimed damage category, the defense will often request employment and wage records through Nevada discovery tools, including subpoenas to employers and requests for production. NRCP 26(b)(1); NRCP 34; NRCP 45. Courts can limit overbroad requests and protect privacy through protective orders. NRCP 26(c).
9) Deadline reminder
Most Nevada personal injury actions must be filed within two years. NRS 11.190(4)(e).
Nevada legal authorities cited
- NRS 11.190(4)(e).
- NRS 42.021.
- NRS 51.135.
- NRS 52.015.
- Automatic Merchandisers, Inc. v. Ward, 98 Nev. 282, 646 P.2d 553 (1982).
- Bass-Davis v. Davis, 122 Nev. 442, 134 P.3d 103 (2006).
- Dillard Dep’t Stores, Inc. v. Beckwith, 115 Nev. 372, 989 P.2d 882 (1999).
- Freeman v. Davidson, 105 Nev. 13, 768 P.2d 885 (1989).
- Hall v. SSF, Inc., 112 Nev. 1384, 930 P.2d 94 (1996).
- Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005).
- Proctor v. Castelletti, 112 Nev. 88, 911 P.2d 853 (1996).
- Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 262 P.3d 360 (2011).
- NRCP 26(b)(1).
- NRCP 26(c).
- NRCP 34.
- NRCP 45.
If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.
Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com