Disclaimer: This article provides general information about South Dakota law and does not constitute legal advice.
Detailed Answer
Under South Dakota law, a plaintiff seeking to recover lost wages as part of economic damages must present reliable evidence of actual earnings lost due to injury or other covered harm. SDCL 21-1-1 defines economic damages to include “loss of earnings” or “impairment of earning capacity.” To meet this burden, gather both income and medical documentation.
- Pay stubs and payroll records: Show regular wages, hourly rates, overtime, bonuses, and commission details.
- Tax documents: Annual W-2 forms and federal income tax returns (Form 1040) demonstrate historical earnings over several years.
- Employer verification: A letter or affidavit from your employer confirming your job title, salary, hours missed, and whether you could make up lost time.
- Timecards and timesheets: Corroborate dates and hours you actually worked versus those missed.
- Self-employment records: Profit-and-loss statements, 1099 forms, business bank statements, and business tax returns for independent contractors or freelancers.
- Medical documentation: Physicians’ notes, work-restriction orders, treatment summaries, and rehabilitation records showing how injuries prevented you from working.
- Vocational assessments: Expert reports estimating long-term loss of earning capacity for permanent or long-term disabilities.
Keep in mind South Dakota enforces a three-year statute of limitations for personal injury claims. See SDCL 15-2-14. Preserve originals or certified copies of all documents, and request duplications promptly to avoid evidentiary gaps.
Helpful Hints
- Maintain a daily log of hours missed, attempts to return to work, and any related expenses.
- Obtain official payroll printouts or employer-certified records rather than relying on hand-written notes.
- Request certified copies of tax returns directly from the IRS or your tax preparer.
- Organize documents chronologically in clearly labeled folders or secure digital files.
- Schedule follow-up medical visits promptly and request detailed treatment summaries.
- Consult an attorney early to confirm you’ve gathered all relevant evidence and met procedural deadlines.