Can You Recover Lost Wages After a North Carolina Car Accident?
If you’re hurt and unable to work after a North Carolina car accident, you can seek compensation for your lost wages through a personal injury claim. To recover compensation, you must document your wage losses and prove that your injuries impact your ability to work.
Car accident injuries can be catastrophic and have the potential to upend your life significantly. Beyond the pain and the cost of medical treatment, your injuries might leave you unable to work the way you could before — or even at all. If another driver injured you in a crash, an experienced personal injury attorney can help you seek full compensation that includes money for your lost wages and lost earning capacity.
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What Losses Can Be Recovered in a Lost Wages Claim?
In a personal injury claim, lost wages include more than just the income you missed from not working while recovering from your injuries. It also includes lost contracts, paid time off (PTO), sales commissions, vacation days, raises, and benefits. Put simply, any wage losses you incurred due to the collision may be compensable in North Carolina.
Additionally, your wage-loss claim does not have to be limited to the pay you already lost. Depending on the extent and severity of your injuries, you may have grounds to seek compensation for future lost wages. If your injuries prevent you from working at all or in the same capacity you did before the car accident, you could demand compensation for lost earning potential.
What Evidence Is Necessary to Support My Wage Losses?
The evidence you need to support a lost wages claim depends on various factors. In general, you should provide:
- Medical records detailing the severity and extent of your injuries, all recommended treatments, and the expected recovery time
- A written statement from your treating physician documenting the amount of time you should be off work and any work restrictions you should follow
- Financial and work documents, like pay stubs, W-2 or 1099 forms, tax returns, and direct deposit records that verify your work history and pre-injury earnings
- A written statement from your employer detailing how much time you missed due to your accident-related injuries
- Records of PTO or vacation days you used while recovering from your injuries
- Documents outlining benefits you lost if you cannot return to work
Can I Recover Lost Wages If I Am Self-Employed?
Yes, you can recover lost wages after a car accident if you are self-employed in North Carolina. It doesn’t matter if you are self-employed, an employee, or an independent contractor. As long as you can show that your injuries caused you to lose income, you can seek compensation for lost wages. Self-employed individuals might also show proof of contracts they missed out on while recovering from their injuries.
Many gig economy workers, such as rideshare drivers and delivery app drivers, spend much of their time on the road, increasing their chances of being in an auto accident. If you are a gig worker and someone else crashes into you, you may still be able to recover your lost income through a personal injury claim.
How Will a Car Accident Attorney Calculate My Lost Wages?
A car accident attorney will calculate your lost wages after thoroughly examining your injuries and their effect on your ability to earn a living. This process may involve:
- Checking your pre-injury income, including raises, bonuses, and overtime, to determine how much money you lost
- Examining how much time you had to take off work and the anticipated amount of time you will be out in the future
- Consulting your physician to determine the long-term effects of your injuries, such as whether you will be permanently disabled or need to find a new line of work
- Reviewing your situation with financial experts for insight into the extent of your lost earning potential (in severe cases)
Once your car accident lawyer determines a dollar amount for your lost wages, they will use the evidence to submit a solid personal injury claim to the at-fault driver’s insurance company. If the insurer disputes the amount or refuses to make a fair settlement offer, your attorney can discuss the pros and cons of filing a car accident lawsuit and taking the case to trial with you.
What Is the Time Limit for Filing a Claim?
In North Carolina, the time limit for filing car accident cases is three years from the date of the crash. Failing to file your claim before the three-year deadline passes will likely result in the court barring you from recovering compensation.
Fortunately, filing your claim on time is just one of the many things an experienced car accident attorney can assist you with. Throughout the personal injury claims process, there are other deadlines you must meet and motions and responses you may need to file. Your lawyer will also manage those deadlines, ensuring the case stays on track and relieving you of the burden of dealing with legal legwork and insurance negotiations.
Contact a North Carolina Car Accident Lawyer
If you suffered injuries in a car accident in North Carolina that caused you to miss work or left you permanently disabled, The Law Offices of John Drew Warlick, P.A. can help you seek compensation for all your losses, including lost wages. Our compassionate car accident attorneys will evaluate your case, explain your legal options, and answer any questions you have. Contact us today for a free consultation.
