What Records (W-2s, Pay Stubs, 1099s) Are Needed to Support a Lost Wage Claim After an Accident in North Carolina?

Woman looking tired next to bills

What Records (W-2s, Pay Stubs, 1099s) Are Needed to Support a Lost Wage Claim After an Accident in North Carolina?

Detailed Answer

In a North Carolina personal-injury case, you can recover the earnings you would have made if the collision had not sidelined you. To convince an insurance adjuster, judge, or jury that your lost-income figure is accurate, you must submit reliable, easy-to-understand documentation. Below is a checklist of the most common proofs and how each one fits North Carolina law.

1. Employer Verification Letter

This letter—sometimes called a wage and salary verification—is the foundation of a lost-wage package. It should:

  • Be printed on company letterhead;
  • State your job title, hourly rate or salary, typical hours, overtime practices, and any bonuses or commissions;
  • List the exact dates you missed work because of the accident;
  • Include the total gross wages lost to date; and
  • Be signed by human resources or a payroll supervisor who can authenticate the numbers if called to testify under North Carolina Rule of Evidence 803(6) (Rule 803(6)).

2. W-2s (Employees)

A recent W-2 shows your annual earnings and tax withholding for the prior year, creating a before-and-after snapshot. Present at least the most recent W-2 and preferably the two preceding years to demonstrate an earnings trend. If you are paid irregular commissions or bonuses, W-2s help quantify what you would likely have earned during the time you were out.

3. Consecutive Pay Stubs

Submit four to six pay periods immediately before the wreck and each pay stub received after you returned to work. North Carolina courts view regular pay stubs as business-records exceptions to the hearsay rule under Rule 803(6), making them admissible without live testimony from a payroll officer.

4. 1099s and Business Records (Self-Employed or Independent Contractors)

If you receive 1099s instead of W-2s, assemble:

  • Your last two years of 1099 forms;
  • Quarterly profit-and-loss statements;
  • Bank statements showing typical deposits;
  • Client invoices that went unpaid because you could not perform the work.

Because self-employed income can fluctuate, you may need a CPA’s affidavit or testimony to translate raw numbers into an average weekly loss. An accountant’s affidavit can be admitted as an expert summary under N.C. Rule of Evidence 1006 (Rule 1006).

5. Medical Authorization and Doctor’s Note

North Carolina requires medical proof that your injuries prevented you from working. A doctor’s note should:

  • Identify the injury;
  • State why you were unable to perform your job duties;
  • List the dates you were totally or partially disabled.

The note becomes self-authenticating when produced under a properly executed HIPAA authorization or subpoena, avoiding hearsay objections under N.C. Gen. Stat. § 8-58.1 (§ 8-58.1).

6. Tax Returns (Optional but Helpful)

Although more private, the last two federal and state income-tax returns can corroborate your historic earnings and fend off arguments that your wages were lower than claimed.

7. Vacation and Sick-Leave Records

Document any PTO you burned because of the accident. Under North Carolina law, using vacation days to offset wage loss still qualifies as economic damage; you lost a benefit you otherwise could have used in the future.

Helpful Hints

  • Ask for records early. Payroll departments often need a week or longer to prepare verification letters.
  • Maintain a work-missed diary. List every day (or partial day) you could not work and why. Your contemporaneous notes enhance credibility.
  • Self-employed? Track every lost contract. Create a spreadsheet showing the job, client, amount, and date you had to decline or outsource the work.
  • Project future loss carefully. If you will miss work beyond the settlement date, obtain a physician’s prognosis and, for complex income, a CPA projection.
  • Do not inflate numbers. Overstated claims invite insurance investigation and can damage your overall case value.

Take the Next Step

Gathering the right evidence now prevents stressful delays later and maximizes the value of your North Carolina lost-wage claim. Our personal-injury attorneys have years of experience proving economic damages and negotiating full settlements. Let us build a compelling wage-loss package for you—call 919-313-2737 today for a free consultation.

Categories: 
close-link