Lawyer for Lost Wages After a Car Accident in Charleston

Car accidents can be traumatic and painful. You may also struggle with significant financial consequences after suffering injuries in a collision due to another driver’s negligence. In addition to a growing stack of medical bills, you will probably have to take substantial time off work as you recover from your injuries.

If you have lost wages in a car accident that was another party’s fault, you have the right to claim compensation. The experienced Charleston car accident attorneys at Crantford Meehan will help you fight to recover what you have lost. We will build a strong case to demonstrate the true extent of your losses and do everything we can to hold the at-fault party accountable.

Call us today at (843) 832-1120 or contact us online for a free consultation to learn more about how we can help you.

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Your Right to Recover Lost Wages After a Crash in Charleston, South Carolina

In personal injury claims for accidents such as automobile collisions, you can seek financial compensation for any losses due to another person’s negligence or wrongdoing. Among the most common types of losses in injury claims are lost wages.

After sustaining significant injuries in an accident, you might need to take time off work. You may be unable to work because you are being treated in the hospital. Alternatively, you might need to miss work because your injuries have caused a temporary or permanent disability that prevents you from performing your duties. Either way, “lost wages” refers to any money you cannot earn because of accident-related injuries. This income may include:

Your base pay or the wages you otherwise would have earned had you not needed to take time off

Overtime, you would normally have worked in the period after the accident

Vacation days or sick days you had to take while you were recovering

Commissions and bonuses you would have been entitled to had you been working

Increases in your salary you were on track to receive

Employment perks such as transportation allowances and insurance

Missed contributions to your retirement fund or pension

The aim of a personal injury claim is to recover your financial losses to the greatest extent possible. However, proving some of these losses can be difficult depending on your employment structure, the nature of your work, and how you are normally paid.

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Calculating Lost Wages

You can calculate your base lost wages using a simple formula.

If you earn your wages hourly, you can determine your lost wages by multiplying the number of hours you missed by the hourly wage you earn.
If you are on a salary, the calculation involves one additional step. You must divide your salary by 2,080, the usual regular work hours a year. The resulting number is your hourly wage, which you will then multiply by the number of work hours you missed.

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Self-Employment

Self-employed people have the same right to claim lost income in a personal injury claim as someone who earns wages. However, independent contractors, freelancers, and gig workers often have more difficulty proving lost wages. Demonstrating how much money you lost will depend on your usual workload and the time you were away. To prove your case, you will need to provide documents such as:

Tax returns
1099-MISC forms
Correspondents with usual or prospective clients
Profit and loss statements
Documents from your accountant

Self-employed individuals often face more significant challenges than other workers when obtaining wage compensation from insurance companies. Working with a seasoned personal injury lawyer can help you build a strong case as possible by gathering all the necessary documentation and presenting it clearly.

Sick Days and Paid Time Off

In addition to the money you would normally have earned if you had been working, you are also entitled to receive compensation for days off you previously accrued that you had to use while you were recovering, including:

Personal days
Vacation days
Sick days
Paid time off (PTO)

If you had accrued some days when you missed work, you could obtain compensation to make up for them.

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Contact a Charleston Car Accident Attorney

If a car accident has forced you to lose wages due to missed time at work, contact the seasoned South Carolina car crash attorneys of Crantford Meehan. Our lawyers will help you build the strongest case possible by gathering the necessary documents, calculating the extent of your losses, and negotiating with the insurance company. Call us today at (843) 832-1120 or contact us online for a free consultation and let us get to work for you.

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“Helped me through the hardest time in my life “

Crantford Meehan has helped me extremely through the hardest time in my life and has gotten me such an AMAZING recovery after my accident. I highly recommend them to any and everyone I know. Even after my own mother got into an auto accident, they have helped us both successfully move forward with our lives...

Harleigh Tenio
My ‘go to’ for legal help.

Attorney William Crantford has been great! He is my “go to” for legal help.

David Childress
Mr. Meehan was very professional.

Mr. Meehan was very professional. He made sure to address all of the questions and concerns that I had while working with him. I would absolutely recommend Crantford Meehan to anyone looking for an attorney who works hard to get you the best possible outcome.

Nikki M.

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Proving Lost Wages

You may only recover income for the wages you missed as a medically necessary and direct result of your accident-related injuries. Insurance companies may argue that your injuries did not necessarily force you to miss work. A successful claim will require you to demonstrate clearly that your time off work was necessary.

A physician’s statement is the most effective way to make your case about required missed wages. Your doctor will give their professional opinion about how your injuries affect your ability to work. If they believe you can work, they might still stipulate that you should only do so if you adhere to certain restrictions. However, your employer may be unable to accommodate these restrictions, thus preventing you from returning to work. In such a case, you are still entitled to recover lost wages.

In addition to your doctor’s note, the following documents could help you demonstrate that you missed time from work:

Timesheets
Tax returns
Pay stubs
W-2s
Employer’s letters

You might also want to request a written statement from your HR department outlining benefits, pay, and any other opportunities you missed.

Frequently Asked Questions

What types of income can be claimed as lost wages in a car accident?

You can claim your base salary, overtime, vacation days, sick leave, commissions, bonuses, and even missed contributions to your retirement or pension due to time off from work caused by accident-related injuries.
How do I calculate my lost wages after a car accident?

If you are hourly, multiply the number of missed hours by your hourly wage. If you are salaried, divide your annual salary by 2,080 (the number of work hours in a year) to get your hourly wage, then multiply by the number of hours you missed.
Can self-employed individuals claim lost wages?

Yes, self-employed individuals can claim lost wages as part of their personal injury claim. They will need to provide documentation like tax returns, 1099 forms, and profit and loss statements to prove their lost income.
What documents do I need to prove my lost wages?

You will need to provide documentation such as pay stubs, W-2s, tax returns, employer letters, timesheets, and a physician’s statement regarding your inability to work due to accident-related injuries.
Can I claim lost wages for sick or vacation days used while recovering from a car accident?

Yes, if you used sick or vacation days while recovering from a car accident, you can claim compensation for those days as part of your lost wages.
How long do I have to file a personal injury lawsuit for lost wages in Charleston?

In South Carolina, the statute of limitations for filing a personal injury lawsuit, including claims for lost wages, is typically three years from the date of the accident.