Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
If a South Dakota car accident forces you to miss shifts at your part-time job, you may recover your lost wages as economic damages under SDCL 21-1-1 (Measure of Damages) https://sdlegislature.gov/Statutes/Codified_Laws/21-1-1. To successfully prove your wage loss, follow these steps:
- Document Your Pre-Accident Earnings
Collect pay stubs, bank statements, timecards or employer payroll records covering a representative period before your accident (typically 3–6 months). These records show your hourly rate and average hours worked. - Obtain an Employer Verification Letter
Ask your employer to provide a signed letter verifying:- Your job title.
- Your hourly rate or piece-rate earnings.
- Your typical weekly or monthly work schedule.
- Use Tax Documents
If you file taxes as an employee or independent contractor, IRS forms W-2 or 1099 offer additional proof of your annual or quarterly income. Attach copies to your claim. - Prepare an Affidavit or Sworn Statement
Write a detailed affidavit describing:- Exact dates you missed work due to accident injuries.
- Number of hours lost each day or week.
- Your regular hourly rate or average earnings per hour.
Have it notarized and keep a copy for your file.
- Calculate Your Lost Wages
Multiply the number of hours missed by your hourly rate. For fluctuating hours, calculate an average: total hours worked over the past period divided by the number of weeks in that period, then multiply by your rate and time lost. - Include Future Lost Wages, If Applicable
Under SDCL 21-1-5 (Future Damages) https://sdlegislature.gov/Statutes/Codified_Laws/21-1-5, you may claim future wage losses if your injuries cause ongoing disabilities. You will need expert testimony or vocational evaluations to estimate future loss. - Submit Your Documentation to Insurer or Court
When negotiating with the at-fault driver’s insurer or filing a lawsuit in South Dakota circuit court, attach your compiled evidence to your demand letter or court filings to substantiate your economic damages.
Helpful Hints
- Keep originals of all records and submit only copies to insurers or opposing counsel.
- Track dates missed in a dedicated calendar or journal for accuracy.
- Retain emails or text messages where you notified your employer about missed shifts.
- Consider hiring a vocational expert if you lost the ability to work part time indefinitely.
- Consult a South Dakota personal injury attorney before accepting any settlement to ensure full compensation for your losses.