[Transcript]
Hi, my name's Kenneth Berger. If you've missed time from work because of another's wrongdoing, you came to the right place. In South Carolina, injured people can recover lost wages so long as we can prove a few things. First, we must establish that another person or business is at fault for your injury. In other words, we have to establish liability. Second, we must prove that your injury prevented you from working. This may require a work excuse from a doctor. Third, we need documentation regarding the amount of time you missed from work and the amount of money you've lost. If you work for someone else, we'll have you take what's known as a lost wage statement to your supervisor or send one to them directly. The supervisor will confirm that you missed a certain number of hours or days and, therefore, lost a specific amount of money. If you're self-employed, we may have to rely on tax returns or payments made to third parties who you had to put to work while you were out. In sum, every dollar you've lost may be regained so long as the law and medical evidence is on our side. If you have questions about lost wages or would like to speak with me regarding your case, pick up the phone today. I'd be honored to hear from you and look forward to being of service.
3 Steps to Recover Lost Wages After a South Carolina Car Wreck
1. We have to prove liability. In other words, you, or your accident attorney, must establish that another person or business is, in fact, responsible for the crash.
2. We must prove that your injury prevented you from working. This second element often requires medical evidence in the form of a work excuse. If a doctor does not give youa work excuse, it is hard to recover lost wages. Insurance companies will try to argue that you could have worked after your car accident if a doctor did not state otherwise.
3. We must provide documentation regarding your lost earnings. If you work for someone else, this is relatively easy. We will send a “Lost Wage Statement” to your employer or supervisor with instructions on how to complete and return it to our office. However, if you work for yourself, you may have to provide the previous year’s tax information to verify how much money you make and how much the accident has cost you. You may also provide proof of payments that were made to third parties you had to hire in order to fulfill the duties that you are usually responsible for.
I always tell clients, "If you can work, you should. If you can’t work because of your injuries, you need to tell your doctor exactly what your job requires and ask for a work excuse.”
Determining Lost Earnings After an Injury
Insurance adjusters occasionally tell people that the portion of the settlement that accounts for lost income is based on post-tax earnings. If an insurance person makes such a statement about a South Carolina claim, please know they are lying. For example, if you earn $800 per week and miss 5 weeks of work due to your injuries, you would be owed $4,000, not your net earnings.
When it comes to lifelong injuries that impact your lifetime earnings, experts are often needed to perform the calculation. A vocational evaluator will assess what jobs are available to someone with your injuries, education, and skill set. An economist will then project how much income the accident will cause you to lose over the course of your life. Your injury lawyer can use this information to help calculate how much compensation to "demand" from the insurance company.
Schedule a Free Consultation with a South Carolina Personal Injury Attorney
If you’ve suffered a personal injury that was caused by another party’s negligence, The Law Office of Kenneth Berger is here to help. Our experienced South Carolina serious injury legal team understands the impact an accident can have on your life, and our legal team will work hard to win compensation for your medical costs, lost wages, and pain and suffering.
We offer free consultations and would be happy to answer your questions. Contact us online today or call us at 803-790-2800. Our offices are conveniently located in Columbia and Myrtle Beach, and we have been proudly servicing clients throughout the surrounding areas. Contact us online today or call us at 803-790-2800 (Columbia, SC) / 843-427-2800 (Myrtle Beach, SC).
As long as the law and medical evidence is clear, you may be able to regain the full amount that you have lost. If you have questions about lost wages, contact Kenneth Berger today.