A serious car accident can leave you unable to work for weeks, months, or even longer.
When the bills keep coming, but your paychecks stop, the financial pressure can feel overwhelming. The good news is that North Carolina law allows you to pursue compensation for lost wages after a car accident when someone else caused the crash.
At Kreger Brodish LLP, our Durham car accident lawyers will fight to recover every dollar you are owed.
Contact us today for a free, no-risk consultation to discuss your lost wages car accident claim.
What Are Lost Wages?
Lost wages refer to the income you were unable to earn because injuries from a car accident kept you from doing your job.
This includes money you would have made during your recovery period, as well as any long-term earning ability you lost due to lasting health problems caused by the crash.
Who Can Claim Lost Wages After a Car Accident in Durham?
If another driver’s carelessness caused the collision that injured you, you have the right to seek compensation for the income you missed. This applies whether you work full-time, part-time, or for yourself.
It also applies to gig workers, independent contractors, and freelancers.
What Types of Losses Can You Claim?
In addition to all paychecks you missed due to your injuries, you may also be able to recover compensation for the following:
- Overtime hours you would have worked
- Bonuses and commissions you missed out on
- Tips you would have earned
- Vacation days or sick time you had to use during recovery
- Employer contributions to retirement accounts
- Raises or promotions you lost because of time away from work
- Health insurance and other employment benefits
How to Calculate Your Lost Wages After a Durham Car Accident
The way your attorney calculates lost wages depends on how you earn your income.
- For hourly workers, the calculation typically starts with the number of hours missed multiplied by the hourly rate. For salaried employees, your attorney will divide your annual pay by the number of work periods you missed.
- Commission-based and self-employed workers require closer examination of past earnings patterns. Your attorney will review tax returns, invoices, and financial records to determine a fair estimate of what you would have earned.
In every case, additional factors like overtime, incentives, and benefits will factor into the total amount.
Essential Documentation Needed to Prove Your Lost Wages Claim
To prove your lost wages after a car accident, you should gather the following documents:
- Recent pay stubs showing your regular earnings
- Tax returns from the past two to three years
- A written statement from your employer that confirms the time you missed and your normal compensation
- Medical records that connect your injuries to your inability to work
- Bank statements or direct deposit records that verify your income history
- Work schedules or timesheets showing the shifts you could not complete
The more complete your records, the harder it becomes for the insurance company to dispute what you are owed.
Ways to Recover Lost Wages After a Car Accident
Most claims begin with an insurance claim filed against the at-fault driver’s liability policy.
Your attorney will present your documentation and demand fair payment for the wages you lost.
If the insurance company refuses to offer a reasonable settlement, your attorney can file a personal injury lawsuit on your behalf. In some cases, underinsured or uninsured motorist coverage on your own policy may also provide a source of recovery.
Common Challenges That Can Affect Your Lost Wages Claim
Insurance companies often push back against lost wage claims. Some of the most common obstacles include the following:
- Gaps in medical treatment that insurers use to argue your injuries were not serious enough to keep you from working
- Incomplete employment records that make it difficult to verify your income
- Disputes over whether your injuries, rather than a pre-existing condition, caused you to miss work
- Returning to work too soon and then claiming additional lost time later
- Providing recorded statements to an insurance adjuster without legal guidance
Each of these mistakes can weaken your claim. An experienced car accident lawyer will help you avoid these pitfalls and protect the value of your case.
Statute of Limitations for Lost Wages Claims in Durham, NC
Under North Carolina General Statutes § 1-52, you generally have three years from the date of the accident to file a lawsuit.
If you miss this deadline, you will likely lose the right to pursue any compensation.
Because building a solid lost wages claim takes time, it is important to speak with an attorney as soon as possible.
Frequently Asked Questions About Recovering Lost Wages
When our team works with people who have suffered injuries in car accidents, the following are some of the most common questions they ask:
Can I Claim Lost Wages if I Was Partially at Fault in the Accident?
North Carolina follows a strict contributory negligence rule.
If you share any fault for the accident, you may be barred from recovering compensation. However, the determination of fault is not always straightforward, and a skilled attorney can help build a strong case in your favor.
What if I Am Self-Employed or a Freelancer? Can I Recover Lost Income?
Self-employed individuals and freelancers can recover lost income by providing financial records such as tax returns, client contracts, invoices, and profit-and-loss statements that demonstrate their typical earnings.
Can I Claim Future Lost Wages if My Injury Prevents Me from Working Long-Term?
If your injuries permanently reduce your ability to earn a living, you may seek compensation for future lost earning capacity. Your attorney can work with medical and economic experts to project those losses.
Are Bonuses, Tips, and Commissions Included in Lost Wages Claims?
Any form of income you regularly earned before the accident can be part of your claim, as long as you can document it.
What Happens if My Employer Disputes the Amount of Lost Wages?
If your employer disagrees with the amount you are claiming, your attorney can use pay stubs, tax records, and other independent documentation to verify the correct figure and support your position.
How a Durham Car Accident Lawyer Can Help
Pursuing a lost wages car accident claim on your own can be stressful and time-consuming, especially while you are recovering from serious injuries.
The attorneys at Kreger Brodish LLP will handle every aspect of your claim, from gathering documentation and calculating your total losses to negotiating with insurance companies and, if necessary, taking your case to court.
Contact Kreger Brodish LLP today for a free, fully confidential consultation to get started on your claim.
