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Compensation for Lost Wages and Loss of Wage Earning Capacity in North Carolina Personal Injury Claim


If you have suffered a personal injury in North Carolina, whether by a car accident or otherwise, and are temporarily unable to work, you are entitled to compensation for the period of your disability.  If you were employed at the time of your personal injury, you are entitled to damages for your actual lost wages.  If you were unemployed at the time of your personal injury, or did not suffer loss of income but had to use leave time, you are entitled to damages for loss of wage earning capacity.

Insurance adjusters frequently do not offer compensation for loss of wage earning capacity to unemployed personal injury claimants such as college students and stay-at-home parents.  Therefore, it is particularly important for such unemployed personal injury claimants to retain a knowledgeable civil litigation attorney to represent their interests.  The personal injury attorneys of Maginnis Law, PLLC offer free consultations for all potential personal injury cases and may be reached at 919.480.8526. You may also submit a new case inquiry using our contact page.

North Carolina law provides that anyone disable because of the negligence of another is entitled to pursue loss of wage earning capacity damages even if he or she was unemployed at the time of the personal injury.  The idea is that everyone should have the choice of whether or not to work.  If a negligent party’s actions have destroyed that choice, then they (or more likely, their automobile insurance company) should have to compensate your for that damage.  The jury ultimately determines your exact damages for loss of wage earning capacity, but your personal injury attorney will be entitled to introduce evidence as to the value of your time.

Another lost compensation issue involves employed persons who do not actually suffer any loss of pay during their period of disability.  Even if a personal injury claimant continues receiving his or her normal salary but must use time for leave, such as annual, sick, and vacation time, he or she may be entitled to recover their weekly or monthly salary just as though they had not been paid.  The principle here is, of course, that leave time is a benefit of employment and should not have to be used up because of an at-fault party’s negligence.

The Raleigh civil litigation attorneys of Maginnis Law, PLLC offer free consultations for all personal injury cases, and all such cases are handled on a contingency basis.  The client does not pay any attorneys’ fees unless they make a recovery.

If you have been injured because of another person’s negligence, such as in a car accident or slip and fall case, and would like to pursue compensation for your lost wages or loss of wage earning capacity damages, contact the Wake County civil litigation personal injury lawyers of Maginnis Law, PLLC at 919.480.8526.  Our attorneys regularly practice in Raleigh, Cary, Chapel Hill, Durham, Apex, Morrisville, Wake Forest, Clayton, and the surrounding Triangle area.  If you would like to contact us via our website, please use our contact page to submit a new case inquiry.

 

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