Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Understanding Economic Damages Under South Carolina Law
In South Carolina, you may recover economic damages for wages lost due to a car accident collision. Economic damages include any earnings you reasonably would have received if the accident had not occurred. See South Carolina Code of Laws § 15-32-210 for a definition of damage elements (SC Code Ann. § 15-32-210).
Key Documents to Gather
- Pay stubs or earnings statements showing hours worked and rate of pay before the accident.
- Employer letter or affidavit confirming your part-time schedule, wage rate, and missed shifts.
- Tax returns or W-2 forms to verify year-to-date and annual income.
- Timesheets or scheduling records that prove the hours you missed.
- Medical records indicating dates you were under care, if injury prevented you from working.
Step-by-Step Proof Process
- Document Hours Missed: Compare your typical weekly schedule to dates you could not work. Record exact hours and days.
- Calculate Wage Loss: Multiply missed hours by your hourly rate. If you earned tips or bonuses, estimate those based on past performance.
- Obtain Employer Verification: Request a written statement from your manager or HR department confirming lost work time and pay rate.
- Compile Supporting Records: Gather pay stubs, tax forms, and any shift schedules. Keep original documents and make copies.
- Submit to Insurer or Court: Present a clear damages summary with all documentation attached. A spreadsheet or table can help illustrate your calculations.
Working with Insurers and Attorneys
Insurance companies often request a sworn statement and detailed proof of lost earnings. Provide complete documentation early to avoid delays. A personal injury attorney can help assess whether you can claim future wage loss if your injury limits earning capacity.
Helpful Hints
- Start gathering documents immediately after the accident. Delays can weaken your claim.
- Keep a daily journal of your injury’s impact on work, noting pain levels and restrictions.
- Consider asking a vocational expert to estimate future earning capacity if your injuries are long-term.
- Retain all correspondence with insurers, including emails and demand letters.
- Check the statute of limitations in South Carolina (generally three years for injury claims under SC Code Ann. § 15-3-530).