Detailed Answer
After a personal injury in South Dakota, you can recover lost wages as part of your claim. Lost wages include income you missed while recovering and future earnings if your injury causes permanent impairment. To maximize your recovery, follow these key steps.
1. Understand Lost Wages Under South Dakota Law
South Dakota requires all drivers to carry liability insurance that covers bodily injury, including lost income. See S.D. Codified Laws § 58-12-2 (Compulsory Liability Insurance): sdlegislature.gov/58-12-2. You must prove your financial loss by providing clear documentation.
2. Gather Employment Records
Collect the following documents:
- Recent pay stubs showing gross wages and hours worked.
- W-2 forms or tax returns for the previous year.
- A letter from your employer confirming your job title, salary, hire date, and dates missed.
3. Obtain Medical Documentation
Your doctor’s records and treatment notes must link your time off work to the injury. Include:
- Medical reports stating restrictions or inability to work.
- Physician’s notes with treatment dates.
4. Calculate Your Wage Loss
Compute your total lost income:
- Past lost wages: multiply your hourly rate by hours missed, or use daily salary.
- Future lost wages: if your injury reduces earning capacity, estimate based on salary surveys or vocational expert opinions.
5. Prepare a Demand Package
Send the insurer a demand letter that includes:
- Detailed calculation of lost wages.
- All supporting records.
- A deadline for response (typically 30 days).
6. Know the Deadline for a Lawsuit
If negotiations fail, you can file suit. Personal injury actions in South Dakota must be filed within two years of the injury date. See S.D. Codified Laws § 15-2-14 (Statute of Limitations): sdlegislature.gov/15-2-14. Missing this deadline bars your claim.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consider consulting a qualified attorney to discuss your specific situation.
Helpful Hints
- Track every day you miss work, including PTO and sick days used.
- Request a periodic statement from your employer for accuracy.
- Keep copies of all medical bills and invoices.
- Use certified mail when sending documents to insurers.
- Consider a vocational expert if your injury affects future earnings.