Being in a car accident is traumatic enough; the last thing anybody needs to be stressed about is how to pay their bills while recovering. Someone trying to recover from serious injuries should not have additional anxiety about missing work and losing pay. Sometimes, the insurance company of the person injured provides coverage for lost wages, which means you can get compensation for your lost wages by filing an insurance claim under your own policy. This is called personal injury protection (PIP) coverage. The insurance company, however, often seeks to limit your recovery as much as they can get away with. South Carolina does not mandate that drivers carry PIP coverage, although we recommend all our clients purchase it – the coverage is relatively inexpensive and can provide great peace of mind after an accident.
Even Without PIP Coverage, You Can Recover for Lost Wages
You do not need PIP coverage to recover for your lost wages, however, if you are able to bring a personal injury suit against the at-fault driver and recover from their insurance. Under South Carolina law, personal injury is defined to include loss of wages, meaning lost wages are recoverable as economic damages in a lawsuit. Even using vacation or sick time to visit the doctor or go to physical therapy or other appointments can be potentially recovered as lost wages.
The worst accidents can sometimes leave a person disabled, either partially or fully, with a decreased ability or total inability to work. On those occasions, the injured person’s future wage earning abilities have been diminished. If this happens, any damage is also recoverable against the negligent driver. Lost wages are calculated based on a number of factors, including your age and career track before the injury, and your capabilities after the injury. Each situation is unique and requires its own analysis.
Preserving Your Lost Wage Claim
Making a successful claim for lost wages requires you to thoroughly document all of your losses, with as much detail as possible. Some types of evidence you may use to support your claim are reports from your doctor(s) explaining the connection between your accident and your inability to work; a report from your employer which represents all of the work hours you missed due to your injuries; and any other documentation that helps show the extent of wages being lost now or likely to be lost in the future as a result of the accident. The more evidence you have to prove your claim, the more likely you are to be adequately compensated for your losses.
Call David Aylor Law Offices for Help With Your Lost Wage Claim
South Carolina law provides you with a three year statute of limitations to recover damages for a personal injury, unless any special exceptions apply. It is important to act quickly so that you do not miss out on the compensation to which you are entitled. If you have been in a car accident and suffered serious injuries for which you have lost wages or are continuing to lose wages, call an experienced car accident attorney today and let us help you file a claim with the proper insurance company or help you file a lawsuit. We are ready to help you navigate through this stressful situation.