How Long Does It Take to Resolve a Personal Injury Case Involving Lost Wages in North Carolina?
How Long Does It Take to Resolve a Personal Injury Case Involving Lost Wages in North Carolina?
Short Answer
Most North Carolina personal injury cases settle within six months to two years. Claims that include significant lost-wage disputes or that require filing a lawsuit can extend to three years or more. Every case is unique, but the guide below explains the typical timeline, key milestones, and ways to speed things up.
Detailed Answer
1. Key Time Limits Under North Carolina Law
Statute of Limitations – 3 Years: You usually have three years from the date of injury to file suit for negligence. N.C. Gen. Stat. § 1-52.
Preserving Wage Evidence: Pay stubs, W-2s, and employer statements are admissible if authenticated. Although no single statute governs lost-wage proof, North Carolina’s evidence rules (N.C. Gen. Stat. Chapter 8, Article 7) control how documents reach the jury.
2. Typical Timeline From Injury to Payment
Immediate Medical Treatment & Initial Investigation (0–30 days)
You focus on health care while your attorney gathers the crash report, photographs, and witness statements. Lost-wage documentation begins here with a simple employer verification letter.
Active Medical Care & Wage Verification (1–6 months)
Settlement talks rarely start before you reach Maximum Medical Improvement (MMI). Meanwhile, we collect pay records, tax returns, and—if you are self-employed—profit-and-loss statements.
Demand Package & Negotiation (3–12 months)
Once your medical condition stabilizes, we send a demand that includes medical bills, lost earnings, and future wage projections. Straightforward soft-tissue cases often settle in this phase.
Filing Suit (6–18 months)
If the insurer disputes fault or wage loss, we file a complaint in Superior Court. Service of process, written discovery, and depositions follow. Rule 26 of the North Carolina Rules of Civil Procedure requires both sides to disclose wage and medical evidence early.
Mediation & Court-Ordered Settlement Conference (12–24 months)
North Carolina courts mandate mediated settlement discussions before trial. More than 70 % of litigated injury cases settle here.
Trial (18–36+ months)
If mediation fails, trial dates depend on the county docket. In trial, lost-wage claims often take center stage because jurors must decide whether missed work was reasonable and whether future loss is likely.
Post-Trial Motions & Appeal (24–48+ months)
Either side can appeal within 30 days of judgment. Appeals add 12–18 months.
3. What Makes Lost-Wage Cases Take Longer?
Disputed Work History: Gaps in employment or gig-economy income require extra proof—bank statements, client contracts, or CPA testimony.
Future Earning Capacity: Claims for promotion delays or career changes often need an economist’s report and vocational expert testimony.
Self-Employment: Insurers scrutinize business tax returns to argue that overhead, not earnings, created the loss.
Complicated Medical Recovery: Ongoing treatment makes it hard to finalize damages because future impairment remains unclear.
4. Hypothetical Example
Maria, a 37-year-old Wake County teacher, fractures her wrist in a rear-end crash on January 1. She misses eight weeks of work and exhausts her paid leave. Her attorney sends a wage-loss verification letter to the school district and adds Maria’s W-2s to the claim. Because liability is clear and lost wages are easy to confirm, the insurer tenders policy limits by August 1—about seven months post-injury.
Contrast that with Ben, a 28-year-old self-employed videographer who sustains a concussion and chronic headaches. He claims $85,000 in lost contracts over 18 months. The insurer disputes the amount, so Ben’s attorney files suit at month nine. After depositions, mediation settles the claim at month 20.
Helpful Hints
Track missed work in a simple spreadsheet—dates, hours, reason.
Ask your employer for a written statement of your hourly rate, salary, and benefits.
Self-employed? Keep profit-and-loss statements and 1099s organized from day one.
Continue medical treatment as recommended; incomplete care lowers settlement value.
Notify your lawyer immediately if you change jobs or experience wage increases or decreases.
Bottom Line
North Carolina injury claims with lost-wage components can resolve in a few months or stretch past three years. Clear documentation, consistent medical care, and strategic negotiation keep the process moving.
Take the Next Step
If you are missing paychecks because of someone else’s negligence, do not wait. Our seasoned North Carolina personal injury attorneys handle lost-wage claims every day and know how to keep insurers honest. Call us now at 919-313-2737 for a free consultation.
