A severe accident can leave you unable to work for weeks or months, sharply limiting your income and making it difficult to make ends meet. A personal injury lawsuit allows you to seek compensation for lost wages and other missing income. An experienced South Carolina attorney can help you pursue money for wage losses through a personal injury claim.
What are Lost Wages?
In a South Carolina personal injury claim, lost wages refers to the money you can’t earn due to injuries sustained in an accident. The paychecks you miss while you cannot work count as lost wages.
However, lost income includes more than your regular pay. You can also receive compensation for missing income from overtime, bonuses, and tips. If your job offers special perks or benefits and you lose the opportunity to access them because of your injury, those losses can be included in a lost wages claim.
Getting reimbursed for lost wages is crucial because a sudden drop in household income threatens your financial security and compromises your ability to pay the bills — including the new, unexpected expenses you incurred from your injury.
How Can You Claim Lost Wages After an Accident?
Claiming lost wages after an accident involves several steps. First, gather evidence of the time you missed from work and your lost income. This process could include getting a letter from your employer stating how much time you missed, your regular pay rate, and any overtime or bonuses you missed. Pay stubs and tax returns can also show what you typically earn.
Next, you need a doctor’s note or medical records proving your injury prevented you from working. These records create a link between the accident and your lost income, which is fundamental for a successful personal injury claim.
Next, consult a personal injury lawyer. An attorney can verify that you have the necessary documentation for a strong claim or suggest additional documents to support your case. Your lawyer can also file the claim for you, demanding money for other losses such as lost earning potential, medical bills, and any future medical treatment you may need.
Initially, the decision-maker in your lost wages claim is the insurance company of the person or business responsible for your injury. If the insurer agrees with your claim, the lost wages will be included in your compensation. If not, you might need to go to court to get what you’re owed. In either case, having an experienced personal injury lawyer can make the process easier and help you pursue full compensation for your lost wages.
What Documentation Do You Need to Prove Lost Wages?
To recover compensation for lost wages in a personal injury claim, you need to provide specific documents to support your case, including:
- Employer’s letter – This letter should state how much time you missed from work, your regular pay rate, and any lost overtime or bonuses. It confirms your absence and earnings.
- Pay stubs – Recent pay stubs show your usual earnings and can help calculate the income you lost while you could not work.
- Tax returns – Tax forms provide a clear record of your annual income, which you can use to prove lost wages from an injury.
- Timesheets – If available, timesheets can provide additional proof of the hours you missed due to your injury.
- Medical records – Doctor’s notes or medical records prove that your injury prevented you from working. These records help show the connection between the accident and your missed work.
Can You Claim Future Lost Earnings?
Accident victims can also seek compensation for future lost earnings in a personal injury claim. Future lost earnings are the money you would have received if the accident had not harmed your ability to work moving forward. If your injuries are serious and long-term, they might stop you from working at the same job or earning the same amount of money.
To claim future lost earnings, you must show how your injury or disability will impede your ability to work. This often involves getting medical reports from your doctor explaining the severity of your injury and how it limits your working ability. You might also need to provide evidence from a vocational expert who can assess how your injury limits your job opportunities and earning potential.
Calculating your future lost income can be challenging. Your personal injury attorney can help ensure you take every loss into account based on factors like:
- Your age
- Job skills
- How long you would have worked if not for your injury or disability
Compensation for future lost earnings can help you manage your finances if your injury affects your ability to work. It’s crucial to have compelling evidence to support your claim and help you recover the money you need.
What is the Statute of Limitations for Filing an Accident Lawsuit in South Carolina?
South Carolina law says you typically have three years from the date of an accident to file a personal injury lawsuit against the liable party. Specific exceptions apply, but it’s vital to consult an attorney to find out the time limit for your case. Failure to meet the deadline could cost you the chance to claim compensation for lost wages because of the accident.
Contact a South Carolina Personal Injury Lawyer
The South Carolina personal injury attorneys at McKinney, Tucker & Lemel, LLC can do the legal legwork to prove your lost wages after an accident and help you recover full and fair compensation. Call us today or complete our contact form for a free consultation.
