Summerville Lawyer for Lost Wages After a Car Accident
After suffering injuries in a Summerville, SC, car accident, you may be able to recover compensation for any income you lost due to your injuries’ impact on your ability to work. An experienced car accident lawyer can help you seek compensation for your lost wages by gathering evidence of your lost wages, calculating their extent, and negotiating for a fair settlement that covers them.
Contact Murphy Crantford Meehan for a free consultation with one of our Summerville car accident lawyers and to learn more about how we can help you seek the lost wages compensation you need and deserve. During your initial consultation, we’ll review your case, explain your options for recovery, and answer any questions you have about the legal process.
Lost Wages vs. Loss of Future Earning Capacity
When seeking compensation for the income you lost because of your car accident injuries, it’s important to consider both the income you lost in the past and the income you will lose in the future. Failing to consider both sides can result in you not recovering the full compensation you deserve for your injuries.
In many cases, lost wages refer to the income you lost during your recovery period. For example, if you were out of work for four weeks and returned to work at full capacity, you could seek four weeks’ worth of lost wage compensation through your auto insurance claim or personal injury lawsuit.
However, many car accident victims suffer long-term or even permanent injuries that impact their ability to work in the future. In some cases, victims can return to work in a lessened capacity and make less money than they did pre-injury. And in other cases, victims are completely unable to return to the workforce because of their injuries.
In either of these cases, you can seek compensation for your loss of future earning capacity in addition to compensation for the wages you already lost. However, working with an experienced injury attorney who can accurately calculate your loss of future earnings is essential. The last thing you want is to leave any money you deserve on the table.
Proving Lost Wages After a Summerville, SC, Car Accident
To prove that you’re owed lost wage compensation and the extent of that compensation, the more evidence you can present, the better. Some of the most common types of evidence used when seeking lost wage compensation include:
- Pay Stubs and Tax Returns – These documents can provide proof of your pre-injury and post-injury income disparity. However, showing a change in income alone may not be enough to prove that you deserve compensation.
- Medical Records – Your medical records are valuable pieces of evidence that detail the extent of your injuries, the treatments you underwent to recover from them, and any work restrictions you have. When combined with lost wage documentation, your attorney can build a strong case that your injuries led to your lost income.
- Employer Letters – A letter from your employer that confirms your employment status, hourly or salaried pay rate, and the amount of work you missed can be crucial for your case.
- Missed Shift Documentation – Any time you miss work because of an injury, you should document it. Write down the date of the car accident that caused your injuries, the last date you worked before the accident, and the date you returned to work after the accident.
- Business Contracts – Independent contractors and self-employed individuals may often need additional proof of lost income because they don’t receive hourly or salaried pay. Providing evidence of business contracts that your injuries prevented you from fulfilling can show that you lost income due to the accident.
How Lost Wages Are Calculated in South Carolina
The way you calculate your lost wages after a Summerville car accident depends on how you’re paid:
- Hourly Workers – Calculating lost wages for hourly workers is the simplest. Multiply your hourly wage by the number of work hours you missed because of your injuries.
- Salaried Workers – Calculating lost wages as a salaried worker is straightforward. It involves dividing your salary by the number of work days or hours in a year. Once you have your daily or hourly rate, you multiply that by the work days or hours you missed.
- Self-Employed Workers – Calculating lost wages for self-employed and independent contract workers is more challenging. You may have to provide proof of lost contracts, missed appointments, and other ways your injuries prevented you from earning income. The value of these contracts and appointments will also come into play.
Working with a car accident attorney is essential. They can correctly calculate your lost wages, especially if you are self-employed or an independent contractor. And it’s important to remember that these calculations use your pre-tax wages.
How to Seek Wage Loss Compensation After a South Carolina Car Accident
Let’s say you got in a car accident at the intersection of North Main Street and 5th Street in Summerville. How could you seek wage loss compensation? The first step is to consult an experienced car accident lawyer. Your lawyer will be able to help you with the following:
- Gathering Evidence – Your lawyer will gather evidence of your lost wages, injuries, and the connection between them and the at-fault driver’s actions. This evidence could include traffic camera footage, eyewitness statements, expert testimony, medical records, and wage statements.
- Calculating Lost Wages – Your lawyer will help calculate your lost wages and, if your injuries are long-term or permanent, your loss of future earning capacity. The more your injuries impact your ability to work, the more complicated your lost wage calculations will typically be.
- Negotiating for a Fair Settlement – Your lawyer will enter settlement negotiations with the at-fault driver’s auto insurance provider. They will seek a fair settlement that covers all of your losses, including your lost wages. Insurance companies often try to offer lowball settlements in the hopes that you won’t know your case’s true worth. Having a personal injury lawyer on your side can protect you from accepting a settlement that’s not in your best interest.
- Representing You at Trial – If the insurance company refuses to offer a fair settlement, your lawyer will take your case to trial and seek the maximum compensation for your injuries and lost wages.
Contact Murphy Crantford Meehan’s Car Accident Lawyers
If you were injured in a Summerville, SC, car accident and lost income as a result, call Murphy Crantford Meehan for help. Alternatively, you can contact us online for a free consultation with an experienced car accident lawyer. Our firm is dedicated to assisting Summerville residents. Let us work to recover fair compensation for your lost wages and guide you through the legal process.
Frequently Asked Questions
Below, you’ll find questions car accident victims who are seeking compensation for lost wages often ask:
Can I recover lost wages if I am self-employed or work as an independent contractor?
Yes. Even if you are self-employed or an independent contractor, you can recover lost wages after a car accident in South Carolina. However, it can be difficult to calculate your lost wages, especially if your injuries impact your ability to work long-term or permanently.
You must provide evidence for all the income you lost due to your injuries. Such evidence may include business contracts, missed appointments, and a comparison between your typical income and your post-injury income. Working with an experienced car accident attorney is the best way to make sure your lost income calculations are accurate. They can also obtain all the evidence you need.
What happens if my injuries lead to a long-term inability to work – can I claim future lost wages?
If your injuries lead to a long-term inability to work, you can seek compensation for future lost wages. It’s essential that you work with a lawyer. They can assess the value of your future wages, including expected bonuses, raises, overtime pay, and work benefits you will lose because of your injuries.
How are lost wages calculated if I had irregular or fluctuating income before the accident?
If you had irregular or fluctuating income before the accident, you can still seek compensation for your lost wages. To calculate your lost wages, you must first determine your average weekly wage for the past year. You can do so by adding up your income and dividing it by 52. You can then use this averaged amount in the rest of your wage loss calculations.
Will I need to pay taxes on the compensation I receive for lost wages in Summerville, SC?
Your wage loss compensation in Summerville, SC, will be based on your pre-tax income. However, you generally will not have to pay taxes on it.
According to the Internal Revenue Code, “Gross income does not include the amount of any damages (other than punitive damages) received on account of personal physical injuries.” The IRS further states, “The entire amount received by an individual in settlement of a suit for personal injuries sustained in an accident, including the portion of the amount allocable to the claim for lost wages, is excluded from the individual’s gross income.”
