Short Answer

Yes. In North Carolina personal injury cases, you can claim lost wages for time you could not work and the difference between your normal pay and light-duty pay, if the crash caused those losses. You need proof tying the wage loss to the injury (doctor’s restrictions) and documentation showing the amount (pay records, employer verification). Insurers may dispute unsupported amounts, so solid paperwork matters.

Understanding the Problem

You’re the injured driver in North Carolina asking: can I recover pay I missed while off work, and the pay difference while on light duty after a car crash? You want to know what counts as lost wages, what proof is needed, and how timing affects your claim. In your situation, you missed work and returned with light-duty restrictions after the collision.

Apply the Law

North Carolina allows an injured person to recover economic damages caused by someone else’s negligence, including lost earnings and, when applicable, partial loss of earnings while on light duty. You must show: (1) the other driver was at fault; (2) the crash caused your inability to work or need for restrictions; and (3) the amount of wage loss with reasonable certainty. Claims are usually presented first to the at-fault driver’s insurer; if unresolved, you can file suit in the county where the crash happened or where the defendant lives, through the Clerk of Superior Court, in District or Superior Court depending on the amount.

Key Requirements

• Fault and causation: Prove the other driver’s negligence and that the injuries caused your missed work or light-duty restrictions.
• Medical support: Use doctor’s notes restricting you from work or limiting duties/hours to connect wage loss to the injury.
• Reasonable certainty of amount: Show the dollars lost with pay stubs, W‑2s/1099s, employer letters, schedules, or tax returns.
• Partial loss while on light duty: You can claim the difference between regular earnings (including predictable overtime/shift diff) and what you earned on restrictions.
• Mitigation: You must take reasonable steps to reduce loss (e.g., return to light duty when medically cleared).
• Timing: North Carolina’s general deadline to file a personal injury lawsuit is three years from the date of the crash.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52(16) (Three-year limit for personal injury) - sets the general three-year statute of limitations to file suit.
• North Carolina Gen. Stat. § 97-10.2 (Workers’ compensation lien on third-party recovery) - if the crash was work-related, workers’ comp may pay wage benefits and have a lien on any third-party recovery.

Analysis

Apply the Rule to the Facts: You missed work and later worked light duty after the North Carolina highway crash. With doctor’s notes restricting you and employer/pay records, you can claim (1) wages for the days you were completely out and (2) the pay difference while on restrictions. If you returned when medically allowed and followed restrictions, you meet your duty to mitigate, strengthening the claim.

Process & Timing

1. Who files: The injured person (or their attorney). Where: Start with a claim to the at-fault driver’s insurer; if unresolved, file a civil complaint with the Clerk of Superior Court in the North Carolina county where the crash occurred or where the defendant resides. What: Submit a settlement demand with medical records, doctor’s work notes, employer wage/loss letter, and pay documentation; if filing suit, use a civil summons and complaint. When: File suit within three years of the crash.
2. Insurer review and negotiation: adjuster evaluates liability and damages, often requesting additional proof (timesheets, tax returns for self-employed). Negotiations may take weeks to months depending on medical status and documentation.
3. If settled: sign a release and receive payment. If not: proceed with litigation, discovery, and either mediation or trial, seeking a judgment that includes proven wage loss.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly at fault, North Carolina law may bar recovery; this is a key defense in crash cases.
• Documentation gaps: Missing doctor’s restrictions or vague employer letters can sink a wage claim; make sure records specify dates, hours, and duties.
• Self-employed proof: Show lost profits (not just gross revenue) with invoices, profit-and-loss statements, and prior-year returns.
• Mitigation issues: Declining light duty or ignoring medical clearance can reduce recoverable wages.
• Work-related crashes: If you were on the job, workers’ compensation may pay wage benefits and assert a lien on any third-party recovery under state law; coordinate benefits to avoid double payment.

Talk to a Personal Injury Attorney

If you’re dealing with missed pay or reduced earnings after a North Carolina car crash, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.