Detailed Answer
After a personal injury in South Carolina, you can seek compensation for lost wages as part of your economic damages. Economic damages cover the income you miss while recovering. To document and claim lost wages effectively, follow these steps:
- Gather Pay Records
Collect pay stubs, direct deposit records and W-2 forms. These records show your usual earnings and support your claim. - Obtain Employer Verification
Ask your employer for a written statement confirming the dates you missed work and your regular pay rate. - Calculate Total Lost Income
Multiply your hourly or daily rate by the number of hours or days you missed. Include lost overtime, bonuses or commissions if applicable. - Use Tax Returns for Self-Employed Income
If you are self-employed, use profit-and-loss statements, 1099 forms or tax returns to prove your average earnings. - Include Future Wage Loss
If your injury causes long-term work restrictions, calculate projected future earnings losses. Support them with medical records and an economist’s or vocational expert’s report. - File Within the Statute of Limitations
In South Carolina, you generally have three years from the date of injury to file a personal injury lawsuit. See S.C. Code Ann. § 15-3-530 (link).
Once you have compiled your documentation, submit it to the at-fault party’s insurer during negotiations. If you file a lawsuit, attach your records as exhibits to your complaint or a motion for summary judgment. A clear record of lost wages strengthens your claim and increases the likelihood of full compensation.
Helpful Hints
- Maintain a daily log of missed work days and duties you could not perform.
- Keep originals and send copies of all financial documents.
- Request a written leave policy from your human resources department.
- Consult a medical professional to confirm work restrictions in writing.
- Consider hiring an economic damages expert for complex earnings calculations.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws can change, and each situation is unique. Consult a qualified attorney for advice tailored to your case.