How to Document and Claim Lost Self-Employed Income After an Accident in South Dakota

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

If you’re self-employed and lose income after an accident in South Dakota, you can seek compensation for that lost earnings. Under SDCL 21-1-4, courts allow recovery of “loss of compensation or earning capacity.” Follow these steps to document and claim your damages.

1. Understand Covered Damages

  1. Past Lost Income: Income you actually lost from the accident date to trial or settlement.
  2. Future Lost Earnings: Projected income you will lose if injuries cause lasting impairment.
  3. Related Expenses: Costs for bookkeeping help or hiring staff to cover your duties.

2. Gather Business Records

Accurate, contemporaneous business documents form the backbone of your claim:

  • Tax returns (last 3–5 years)
  • Profit & Loss statements
  • Invoices, receipts, and bank statements showing deposits
  • Accounting software reports (e.g., QuickBooks summaries)
  • Client contracts and cancelled checks or payment confirmations

3. Calculate Your Loss

Work with a forensic accountant or an expert who can:

  • Compare average monthly earnings pre-accident versus post-accident
  • Adjust for seasonal fluctuations
  • Project future losses based on your business plan

4. File Your Claim Promptly

South Dakota has a three-year statute of limitations for personal injury claims (SDCL 15-2-14). Failing to file within this period may bar your recovery. Send a demand letter to the at-fault party or insurance company, attaching your documentation and loss calculation.

5. Negotiate or Litigate

Insurance companies may dispute the amount of lost income. Be prepared to:

  • Provide written expert reports
  • Submit sworn statements and business records under oath
  • Attend mediation or arbitration if required

If negotiations stall, consider filing a lawsuit before the three-year deadline.

Helpful Hints

  • Keep digital and paper backups of all invoices and receipts.
  • Track mileage and travel expenses related to accident recovery.
  • Document any temporary help or subcontractor costs.
  • Maintain a daily journal detailing how injuries affect your work.
  • Consult a personal injury attorney early to guide evidence gathering.

Key Statutes Cited:

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.