Legal Question in Personal Injury in North Carolina

Re: Loss Wages

Well, this question is very difficult to understand. My assumption can only be that you were injured in an automobile accident, that you were not at fault, that you lost some time (and presumably pay) from work, that you have submitted a claim to the other driver's insurance company, and that for some reason they have suggested that they will reduce your compensation for lost earnings by 25%. If these assumptions are wrong, then I suggest that you re-submit your question. If this your situation, then the insurance company can, for the most part, negotiate your claim however they want to. Hopefully and presumably they will try to compensate as you would be entitled if you were to take your case to court. In that instance, you could recover lost earnings. The other driver (and his insurance company) would not be entitled to any reduction, offset, or credit for amounts you would have had to pay in income taxes; therefore, I would say that they should not discount your lost earnings recovery for that reason. If there is a liability issue (e.g. if you may have been at fault), then they can of course reduce your offers to accommodate the liability issue. (If the case were tried to a jury in NC, there would be no apportioning of fault -- it's basically all or nothing. But the insurance company can settle the claim based on a possibility of winning on liability.) You of course may want to consult an attorney.