Suffering a personal injury in South Dakota can significantly impact your finances, especially if it disrupts your ability to work. Knowing how to address lost income in personal injury claims is essential to securing fair compensation.
Types of Lost Income
Lost Earnings: Lost earnings refer to the wages or salary you couldn’t earn because of your injury. This includes the income you missed during your recovery period when you couldn’t work.
Loss of Earning Capacity: If your injury causes a long-term or permanent disability, it may reduce your ability to earn income in the future. Calculating this loss involves determining how your earning potential changed due to the injury.
Lost Benefits: In addition to wages, you might lose employment benefits like bonuses, promotions, retirement contributions, or health insurance because of your inability to work.
Proving Lost Income
To claim compensation for lost income, you need strong evidence of your losses. Key pieces of documentation include:
- Employment Records: Pay stubs, tax returns, and employment contracts show your earnings before the injury.
- Medical Records: These documents explain the extent of your injuries and the necessity of taking time off work.
- Employer Statements: A letter from your employer can confirm how long you couldn’t work and how the injury affected your income.
- Expert Testimony: In cases involving reduced earning capacity, vocational experts can assess how the injury limits your future job opportunities.
Legal Considerations in South Dakota
South Dakota law allows personal injury claims to include both economic and non-economic damages. Economic damages cover measurable losses like medical expenses and lost income, while non-economic damages address intangible losses like pain and suffering.
South Dakota follows a comparative negligence rule, which reduces your compensation if you share fault for the accident. This means that understanding the specifics of your case is crucial to recovering the full amount you deserve.
Seek Legal Assistance
Handling the complexities of a personal injury claim and proving lost income can feel overwhelming. An experienced personal injury attorney will gather evidence, calculate your losses accurately, and fight to secure fair compensation for you.
At Moore-Faust Injury Law Group, we dedicate ourselves to helping clients in Rapid City and across South Dakota recover the compensation they deserve after a personal injury. If your injury has impacted your ability to work, contact us today for a free consultation.
