Lost Wages After an NC Car Accident
Key Takeaways
- Car accident injuries can cause serious financial strain by preventing you from working short- or long-term.
- North Carolina law allows accident victims to recover lost wages when another party is at fault.
- Lost wages include more than missed paychecks, covering bonuses, commissions, benefits, promotions, and retirement contributions.
- Lost wage calculations vary based on employment type, including hourly, salaried, commission-based, and self-employed work.
- Strong documentation—pay records, tax returns, employer statements, and medical records—is critical to proving wage loss.
- Future lost earnings may be recoverable if injuries limit your long-term earning capacity or career growth.
- Avoid common mistakes like missing deadlines, ignoring medical advice, or speaking directly with insurers.
- An experienced North Carolina car accident attorney can handle calculations, evidence, negotiations, and litigation to maximize your recovery.
One of the most damaging consequences of a car accident is the impact it can have on a victim’s ability to earn a living. Your car crash injuries might keep you out of work for a prolonged period, and possibly even forever, leaving you in a dire financial situation as medical bills continue to pile up.
Fortunately, North Carolina law allows victims to seek compensation for lost wages from an auto accident that was someone else’s fault. The personal injury attorneys at Kornbluth Ginsberg Law Group, P.A., want to help you fight for the earnings, both past and future, that the at-fault party cost you.
Contact us today or call us 24/7 at 919-980-9895 to learn more during a free consultation with our North Carolina car accident lawyers.
We have an office conveniently located at 3400 Croasdaile Drive, Suite 300, Durham, NC. We provide multiple parking options, including on-site parking, free street parking, and access to a free parking lot. We also offer wheelchair-accessible parking to ensure everyone can easily visit us.
What Are Lost Wages?
Lost wages are the income you could not earn because injuries from the car accident prevented you from working and earning as much as you did before the crash. The concept includes more than just missed time at work. It reflects the total impact of the accident on your wages and career path.
A wage loss claim can account for missed raises or promotions, commissions and tips, performance bonuses, sick days and vacation time, retirement contributions, and just about any other calculable loss related to your job.
How Lost Wages Are Calculated in Car Accident Cases
Determining lost wages from a car accident begins with your attorney reviewing your regular income structure to determine how to calculate what you have lost.
- Hourly employees – For hourly employees, your attorney can look at the number of hours missed and multiply it by the hourly wage.
- Salaried employees – Take the annual salary and divide it by the number of workdays or weeks missed.
- Commission-based workers – Your attorney will look at past sales averages and typical earning patterns to calculate approximately how much you would have earned had you been able to work.
- Self-employed workers – Calculating lost income for small business owners or gig workers requires a similar analysis of past earnings to determine what the individual lost due to their inability to work after the car crash.
The above formulas provide a baseline for calculating lost wages. However, several other factors may come into play. Your attorney will have to assess overtime, bonuses, incentives, commissions, tips, promotions, raises, and benefits to determine the full impact of the accident on your wages.
How to Prove Lost Wages After an NC Car Accident
To prove lost wages, you need reliable documentation. Our team can gather and organize evidence to demonstrate the exact period during which you missed work and the amount of income you lost.
Typical sources of proof include:
- Recent pay stubs to demonstrate current earnings
- Tax returns to confirm historical income
- Employer statements outlining missed time and normal compensation
- Timesheets or work schedules documenting appointed shifts
- Bank statements or direct deposit records verifying payment patterns
You must also prove that your injuries have prevented you from working through medical records that establish a matching timeline. Our attorneys have the experience and resources necessary to gather the documentation required to support your claim.
What Are Lost Future Earnings?
Lost future earnings reflect the income you expect to lose because your injuries affect your long-term career prospects.
You suffer future wage loss when:
- You cannot return to work due to physical or cognitive limitations
- You miss potential promotions or advancement opportunities because of your condition
- You must take a lower-paying role to accommodate your limitations
- You lose earning potential due to permanent or partial disability
- You need an extended recovery time that impacts your track record or seniority
Future wage loss affects your life well beyond the accident date. You may continue to lose income for months, years, or permanently. Our attorneys can calculate future losses based on your pre-accident career trajectory, industry standards, potential promotions, and medical recovery timeline.
How to Prove Future Lost Earnings
When suing for loss of wages after a North Carolina car accident, you must provide clear proof of your injuries and their impact on your ability to earn a living.
To do that, your attorney may seek:
- Expert testimony – Vocational specialists can analyze your job skills and market opportunities to explain how your injuries affect your long-term ability to work and earn a living.
- Medical reports – Reports do not just detail your injuries. They project your recovery and predict long-term impairments. The documentation can provide clear evidence that your physical condition is hindering your earning capacity.
- Economic projections – Your attorney can project how much you likely would have earned before your injuries based on age, qualifications, career history, and chosen industry.
- Employer input – Your employer can offer insight into your pre-accident position and future opportunities you may miss due to your injuries.
Common Mistakes to Avoid in a Wage-Loss Claim
If you want to recover lost wages after an NC car accident, it is essential to avoid the following mistakes:
- Failing to keep accurate records – Accurate logs of all missed workdays and medical restrictions prevent insurers from arguing that your time away from work was not justified.
- Ignoring doctor’s orders – Insurers may point to you ignoring your treatment plan as evidence that your injuries are not as severe as you claim. Following medical advice shows that you handled your recovery responsibly and strengthens your credibility.
- Missing deadlines – In North Carolina, you typically have three years from the date of the accident to file a lawsuit. Missing the deadline can severely limit your options for recovering compensation, no matter how strong your case may be.
- Retaining incomplete documentation – Inconsistent records invite disputes or delays in your claim. Give your attorney the best opportunity to build a compelling case by providing complete, organized documentation.
- Talking to insurers – Insurance companies are skilled at getting you to say things they can turn against you to weaken or outright deny your claim. You should always refer them to your attorney when they attempt to contact you.
How Our North Carolina Car Accident Attorneys Can Help with Your Wage-Loss Claim
Recovering your lost wages after a car accident can be complicated and confusing to do independently. Working with a skilled car accident attorney from our law firm can provide you with the best chance of having a successful claim.
The team at Kornbluth Ginsberg can help by:
- Investigating the accident and gathering evidence
- Providing a detailed calculation of your wage loss
- Consulting with experts in economics, medicine, and vocational issues
- Negotiating aggressively with insurance companies
- Representing you in court, if necessary
Our team offers not only deep experience and extensive legal knowledge, but compassionate support as you seek justice for your injuries. Let us fight for the compensation you deserve while you focus on healing.
Contact us today or call us anytime at 919-980-9895 for your free consultation with a North Carolina car accident attorney at Kornbluth Ginsberg.