A severe car accident in South Carolina might keep you from working for weeks or months. In extreme cases, your injuries might prevent you from returning to your old job or force you to find a new, lower-paying position. All that can add up to a substantial loss in income, particularly if you have long-term injuries or permanent disabilities from the collision.
If someone else was to blame for the wreck, they could owe you compensation for these lost wages. However, you may need a lawyer’s help to recover the full amount you could be owed. They will explain how to claim lost wages from a car accident in South Carolina and help you through the process.
Who Pays for Lost Wages in a Car Accident?
In most South Carolina car accident cases, the insurance company for whoever caused the collision pays for your lost wages and other income. At-fault drivers or other liable parties sometimes pay out of pocket if their insurance coverage isn’t enough to pay for the harm they cause, but these cases are rare. Depending on the circumstances of a specific crash, the potentially liable parties in these cases include:
- Negligent drivers – Drivers may be liable for a car accident they caused because they were speeding, distracted, intoxicated, driving aggressively, or otherwise negligent. In such cases, their liability insurer should pay for the cost of lost wages.
- Employers – In cases where drivers crash while performing job-related tasks, their employers may be partly liable for the accident. For example, if a trucking company hired an unqualified driver or encouraged the driver to engage in unsafe driving behaviors, the company might be liable for a collision.
- Bars, restaurants, liquor stores, and other alcohol vendors – In drunk driving accident cases, South Carolina allows injured drivers to file a claim against a business that served an underage or already intoxicated customer.
- Vehicle or parts manufacturers – Automakers and parts manufacturers may be liable for a crash if a defective component contributed to it. For instance, if a car’s brakes fail due to a catastrophic defect, the company that made the brakes could be at fault.
- Government bodies – Governmental entities responsible for planning and maintaining roads are sometimes liable for collisions stemming from unsafe design or poor upkeep.
Types of Lost Wages That Can Be Reimbursed
A personal injury claim can help you get compensation for any income you lost due to a car wreck, not just your hourly wages. Some types of lost income you may recover in a car accident claim include:
- Hourly wages or salary – If your injuries prevent you from working, you can recover the income you would have earned during the time you missed. This includes both hourly wages and regular salary payments for the days, weeks, or months you could not work.
- Overtime pay – If you typically work overtime or had scheduled overtime that you couldn’t fulfill due to your injuries, you can seek compensation for this additional income. Providing proof of past overtime hours and pay can strengthen this part of your lost wages claim.
- Bonuses and commissions – Many jobs include performance-based income like bonuses or commissions. If you miss opportunities to earn these due to your injuries, you can include them in your claim. Documentation of past earnings and specific missed opportunities is key to recovering compensation for missed commissions or bonuses.
- Lost benefits – You can seek reimbursement for benefits such as paid time off (PTO), vacation days, or sick leave you had to use due to the accident. These benefits have monetary value, especially if they would have accrued over time.
- Reduced earning capacity – If your injuries permanently limit your ability to work in the same capacity, you may pursue compensation for the difference between your pre- and post-accident earning potential. Securing compensation for lost earning capacity may require expert testimony or vocational analysis.
- Self-employment income – Freelancers and business owners can recover lost income from missed contracts, projects, or reduced business operations. Invoices, contracts, and tax records can help prove these losses.
How Do I Prove I Lost Income After a Car Accident in South Carolina?
Proving lost income after a South Carolina collision requires solid documentation and attention to detail. Start by gathering pay stubs, direct deposit records, or tax returns to show your typical earnings. If you missed work due to your injuries, get a letter from your employer verifying your absences, rate of pay, and any lost overtime or bonuses. If you’re self-employed, copies of contracts, invoices, or business earnings reports can demonstrate income loss. Medical records are also essential for proving lost income, as they link your injuries to your inability to work.
How Are My Lost Wages Calculated After a Car Accident in South Carolina?
Your personal injury lawyer can calculate your lost wages from a car accident based on the evidence they help you gather proving your losses. First, they will determine your average daily wage over a reasonable recent period. Next, they will multiply that average daily rate by the number of days you have already missed and are likely to miss in the future, factoring in bonuses and other irregular compensation you may have received. If your injuries affect future earning potential, your lawyer may work with a vocational specialist or economist who can estimate your reduced earning capacity.
How Long Does It Take to Get Lost Wages from a Car Accident?
Most South Carolina car accident claims conclude within several months, although more complex ones can take several years. The extent of your injuries, the clarity of liability, the evidence you have proving your lost wages, and whether your case goes to trial are some of the factors that determine how long your claim will take. Remember to stay patient and trust your car accident attorney to guide you through the legal process.
Call Our Car Accident Attorney for Help
The team at David Blackwell Law understands the financial stress that comes with severe car accident injuries and can help you pursue compensation for your lost income. With over 20 years of legal experience, we know what evidence to use to prove lost wages and how best to employ that evidence. We’ve recovered millions of dollars for people like you and can handle all the legal work in your personal injury case. One client we helped says:
“Being in an auto accident is a life changing experience. Life-altering injuries, property damage, missed work, and medical bills only contribute to an already stressful situation. David Blackwell Law stood up for me and guided me through the entire process, ensuring that I received fair compensation to secure my future.” – Ralph Hotham Jr.
Call now or reach out online for a free consultation.
