Lost Wages in a North Carolina Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in North Carolina, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Contributory negligence
Fault System
3 years
Filing Deadline
At-Fault
Auto System
What Lost Wages You Can Recover in North Carolina
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in North Carolina
North Carolina Injury Law
North Carolina maintains the strict contributory negligence doctrine, one of only four states to do so. Even the slightest fault on the part of the plaintiff completely eliminates any right to recover damages. This rule makes defendant attorneys aggressively investigate plaintiff conduct for any potential fault, and it makes it imperative for injured victims to avoid making statements before consulting an attorney. The statute of limitations is 3 years. North Carolina does not require no-fault PIP insurance. North Carolina courts see substantial personal injury litigation involving auto accidents on its growing interstate network, construction site injuries, and premises liability at commercial properties. The state caps noneconomic damages in medical malpractice cases at $500,000 under N.C. Gen. Stat. § 90-21.19. North Carolina has no general cap on compensatory damages in other personal injury cases. Punitive damages require proof by clear and convincing evidence of fraud, malice, or willful or wanton conduct, and are capped at three times compensatory damages or $250,000, whichever is greater.