Car Accident
You might miss work for days, weeks, or even months when you suffer injuries in a North Carolina car accident. But you shouldn’t be forced to struggle financially because of another driver’s negligence.
Fortunately, you can present a wage loss claim to the driver’s insurance company for missed work after a car accident.
If you were unable to work due to your injuries, the legal team at Mehta & McConnell, PLLC, is here to help you fight for the compensation you need.
Calculating a loss of earnings can be more complicated than you might realize because it might encompass more than just missed hourly wages.
It’s best to have a legal advocate to help you calculate a potential settlement value for a lost wages claim.
Your attorney will also calculate associated losses, such as retirement benefits, health insurance, etc.
What Is a Wage Loss Claim?
A wage loss claim is a type of personal injury claim that seeks to compensate you for the wages you lost from an incident that injured you, such as a car accident.
It is part of your economic damages, which are your verifiable financial losses. These differ from other types of losses that are more subjective, such as pain and suffering.
Wage loss claims can include the time you’ve already missed from work plus any expected future losses.
Proving Liability for a Lost Wages Claim in North Carolina
You’ll need to prove the other driver was negligent to file a loss of earnings claim against them. To successfully prove liability against the defendant, you must show evidence of the following:
- The other driver owed you a legal duty of care;
- The other driver breached this legal duty;
- The driver’s breach is what led to the accident and your injuries; and
- You suffered damages, such as lost time from work.
Proving liability is crucial. Otherwise, the law will bar you from recovery. Negligence laws in North Carolina are strict—if you’re even 1% at fault, you won’t receive any compensation for your lost wages.
Documents Needed to Prove Lost Wages From Car Accident
Proving liability is only one part of a successful loss of earnings claim. You must also provide evidence of your lost wages.
This documentation can include the following items.
- Pay stubs: It’s a good idea to provide pay stubs showing your wages before the accident and the amount you made while you were out of work due to your injuries.
- Letter from employer: You can present a letter from your employer confirming the number of days you missed work from a car accident or other incident. The letter can include the amount of your lost salary during this time.
- Medical records: You can make a copy of medical records that show the extent of your injuries and how long you were unable to work.
- Timesheet: You might provide a time sheet that shows the hours you were supposed to work but missed due to the accident.
- Tax Filings: Your tax filings will show what income you had in the year before the accident.
- Other documentation: You can also submit anything supporting your claim, such as retirement benefit statements, health insurance premiums, tip records, etc.
The documentation you need will differ if you own a business or are self-employed.
When you have your own business, you might need additional tax records, business statements, and other financial reports.
You will also need proof of any lost contracts or canceled orders that resulted from your injury.
The insurance company aims to pay as little as possible on a claim. Therefore, they will look for proof of your lost wages, and they will attempt to discount the overall value of your claim.
That is why it is crucial to keep accurate records of the time you miss from work.
We recommend speaking with an experienced North Carolina car accident attorney at Mehta & McConnell, PLLC, who can help you negotiate your claim.
You must protect your rights and demand the maximum compensation possible, or you could end up suffering financially because of someone else’s negligence.
How To Claim Lost Wages From Car Accident Against the At-Fault Driver
Filing a wage loss claim is usually part of the larger bodily injury claim you present to the other driver’s insurance company. It’s not necessarily a separate claim you bring independently.
When dealing with the aftermath of a car accident, the last thing you need to worry about is navigating the legal system and fighting with the insurance company.
That’s where our car accident attorneys come in. We will handle the legal aspects of your claim, including negotiating with the insurance company and representing you in court if necessary.
Your attorney will also advise you on the best course of legal action. We can help gather and preserve evidence and discuss what your potential lost wages claim is worth.
You also need to be mindful of the statute of limitations. In most situations, you have three years to file a lawsuit for bodily injury and lost wages.
Some factors, such as a claim against a government agency, could shorten the filing time. There are also a few exceptions that extend the deadline. You should not try to understand the statute of limitations in your case without talking to a lawyer.
Don’t let the other driver’s insurance convince you that your case isn’t worth much. No matter what the other driver’s adjuster says, they are not on your side.
Their allegiance is to their insured and the insurance company. Hiring a lawyer early in the claims process is best. The sooner you hire us, the sooner we can protect your rights.
Contact a North Carolina Car Accident Lawyer
If you or a loved one lost time from work following a car accident, we can help you present a wage loss claim to the responsible party.
Contact a North Carolina car accident lawyer at Mehta & McConnell, PLLC, to schedule an initial consultation.
Our lawyers have decades of combined experience assisting injured victims, including those pursuing wage loss claims from car accidents.
We offer free, no-obligation consultations, so you have nothing to lose by meeting with a lawyer in our office.
Let us review your case and help you decide how best to pursue a claim against the at-fault party.
Jason McConnell
Jason McConnell is the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. In his free time he enjoys playing golf, cooking, traveling and following the UNC Tar Heels and Carolina Panthers.
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