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cant work after a car accidentIf you have been injured in a car accident in North Carolina, you may have a right to compensation if someone else caused the crash. Part of the compensation you may recover is restitution of wages and related income lost if you can’t return to work because of your injuries.

At Younce, Vtipil, Baznik & Banks, P.A. in Raleigh, N.C., our car accident lawyers can seek lost wages for you if you were unable to return to work immediately, could not return to the same job, had to accept work that pays less, or you could no longer work for a living. Payment would also make up for the value of lost overtime, benefits, bonuses, etc.

We will help you recover all the compensation you are due if someone else has injured you in a car accident. Our dedicated attorneys will provide you with the care and personal attention you deserve as we pursue a car accident claim on your behalf. They include firm partner Joseph Baznik and associate attorney Ross Weatherspoon, who are fluent in Spanish and regularly work with our Spanish-speaking clients.

Contact our office today for a free consultation with a North Carolina car accident lawyer. We charge you nothing unless we recover compensation for you.

How Do I Recover Lost Wages?

North Carolina personal injury law says that if someone is harmed because of another party’s wrongdoing, the injured party (the plaintiff) has the right to “demand” compensation for their losses. A personal injury claim typically seeks compensation for medical bills, pain and suffering,  wages, and other income the plaintiff has lost because they were injured and unable to work.

As your attorneys, we would investigate to determine who caused your accident and identify their car insurance coverage. We would then obtain statements from your doctor and employer to establish how long you were out of work and the income you lost because of it.

We then present a “demand letter” to the at-fault driver’s insurer detailing our evidence of their client’s fault and the payment you are due. At that point, the insurer must decide whether to pay the compensation we have demanded, deny the claim and their client’s fault, or offer to negotiate a settlement of the claim.

When we negotiate a settlement, we present you with all offers along with our advice, but whether to accept an offer will always be your choice.

If the insurer denies the claim or fails to offer an acceptable settlement, we can file a lawsuit on your behalf and seek a verdict for the full damages owed to you.

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Can I Get Compensation for Diminished or Lost Earning Capacity?

Our attorneys would seek maximum compensation in your claim for a car accident for your:

  • Weekly wages
  • Bonuses and commissions
  • Retirement contributions and earnings
  • Salary increases due to likely promotions
  • Value of fringe benefits (time off, health/life insurance, childcare, company vehicle, etc.)

If your injuries make it impossible for you to return to your previous job and you must take a lesser-paying job or you are unable to return to work at all, we will demand compensation for your diminished or lost earning capacity. We would calculate your loss of future earnings based on:

  • Your previous work-related income (wages or salary) vs. current (after accident) earnings
  • The number of years before you reach full retirement age
  • Your likely career progression had you not been injured (promotions, job changes)
  • Macroeconomic projections for wage growth in your line of work

How Do I Prove My Lost Wages or Diminished Earning Capacity?

A compensation claim would have to show that some other party, such as another driver, caused the accident that led to your injuries, and that your injuries caused you to lose income.

To prove your diminished earning capacity, we would obtain your medical records and statements from your doctors and/or vocational therapist(s) to substantiate the extent of your injuries and incapacity.

We would also obtain payroll data from your employer(s) to document your pay rate and the actual pay you have received in recent employment, as well as your employer’s contributions to insurance and other benefits. If you have been paid in part from commissions, bonuses, tips, etc., payroll and tax records would show these figures.

If you were self-employed, we would help you gather tax records as well as invoices and bank deposit records to substantiate income over a period similar to the time you are seeking damages. In a significant lost income claim by a self-employed client, we would likely need an accountant or an economist to testify.

To substantiate any claim for future losses, we would seek expert testimony from an economist. In addition, one or more supervisors or colleagues might attest to your work record and your bright future before your injuries.

Who’s Liable to Reimburse Me for Lost Wages?

In most car accident claims, we recover compensation from the at-fault driver, which is paid by their auto insurance provider. Sometimes, we can seek additional compensation through other assets an at-fault driver owns.

Our investigation may show other parties are liable for your injuries, such as the:

  • At-fault driver’s employer, who may have “vicarious liability” for their employees’ actions
  • Vehicle manufacturer, if they put the vehicle on the market with defects they knew or should have known about (such as faulty brakes, tires, or steering systems) and the defects contributed to the accident
  • Mechanic or garage, if anything they did or failed to do to the vehicle contributed to a performance issue that led to the accident

There may be other potential parties that share liability for a car accident, depending on the circumstances of the crash. Our lawyers will conduct a full investigation and be ready to file multiple claims on your behalf.

Younce Vtipil Baznik & Banks personal injury law team

Call Our Car Accident Lawyers for Help

If you or a loved one have lost substantial income because of car accident injuries someone else caused, the experienced Raleigh, N.C., car accident lawyers of Younce, Vtipil, Baznik & Banks, P.A. will seek maximum damages for you, including past, present and future lost wages. Contact us now online or at 919-661-9000. Our law firm has fluent Spanish-speaking attorneys and staff to ensure your case gets appropriate attention.

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