Short Answer

Yes. In North Carolina, you can recover lost wages from the at-fault driver if you prove the crash caused your injury, that your doctor restricted you from working, and the amount of income you missed with reasonable certainty. You must also show you acted reasonably to get back to work and were not contributorily negligent.

Understanding the Problem

In North Carolina, can an injured driver recover lost wages when they can’t work because of an ankle injury after a rear-end collision? This question sits squarely in personal injury damages: the driver wants pay for time missed from work because they cannot safely walk or stand. The key is whether the crash caused the ankle fracture and whether medical limits kept the driver out of work long enough to lose income.

Apply the Law

Under North Carolina negligence law, wage loss is an economic damage. To recover it, you must connect the crash to your inability to work, prove the time you missed, and show the dollar amount with reasonable certainty. Claims usually start with the at‑fault driver’s insurer; if not resolved, you file a civil lawsuit in state court. Most personal injury lawsuits must be filed within a limited time, commonly three years from the crash, but confirm your exact deadline.

Key Requirements

• Fault of the other driver: Show the other driver’s negligence (for a rear‑end, following too closely or inattention often supports fault).
• Causation: Medical records link the crash to your ankle fracture and your inability to walk or stand for work.
• Medical work restrictions: A doctor’s note or discharge instructions that take you off work or limit standing/walking.
• Proof of income and missed time: Pay stubs, W‑2s/1099s, employer wage letters, and a calendar of missed shifts establish the amount with reasonable certainty.
• Mitigation: You must act reasonably—follow treatment, attempt light duty if approved, and avoid unnecessary downtime.
• No contributory negligence: If you were even slightly at fault, North Carolina’s contributory negligence rule can bar recovery.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Auto liability/UM-UIM coverage) - Sets required auto coverage that can pay economic losses like lost wages up to policy limits.
• North Carolina Rule of Evidence 414 - Limits proof of medical expenses to amounts actually paid or owed; wage loss remains a separate economic damage.

Analysis

Apply the Rule to the Facts: You were rear‑ended, sought emergency care, and were diagnosed with a concussion and an ankle fracture. If your doctor restricted you from weight‑bearing or standing, that supports causation and inability to work. Your police report and medical records help prove fault and injury; employer wage statements and pay stubs quantify missed income. Health insurance paying medical bills does not erase wage loss, though you should track any disability payments because reimbursement rights can apply.

Process & Timing

1. Who files: Injured person. 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 defendant resides or the crash occurred. What: Send a demand package (medical records, doctor’s work note, employer wage letter, pay stubs/tax forms). For suit, file a Complaint (no mandatory AOC form) and serve the defendant. When: Begin the insurance claim promptly; most lawsuits must be filed within about three years of the crash.
2. Insurer evaluation or litigation: Insurers often review complete demand packages within several weeks; if suit is filed, expect service by sheriff and a scheduling order. Timing varies by county and court calendars.
3. Resolution: Cases end by settlement (release of claims) or judgment after trial. If resolved, you receive payment for agreed damages, which can include documented wage loss.

Exceptions & Pitfalls

• Contributory negligence: Any fault on your part can bar recovery; a clean rear‑end fact pattern usually helps your position.
• No doctor’s note: Without written work restrictions, insurers often dispute wage loss; ask your provider to document time off and limitations.
• Documentation gaps: Missing pay records, inconsistent schedules, or cash income without tax records makes proof difficult—use W‑2s/1099s, payroll summaries, and employer letters.
• Mitigation issues: Declining light duty against doctor advice or skipping treatment can reduce or defeat wage claims.
• PTO/disability payments: Using paid time off or receiving short‑term disability usually doesn’t block recovery from the at‑fault driver, but plan or insurer reimbursement rights may apply—keep those records.
• Future losses: Claims for reduced earning capacity require solid medical support and, sometimes, vocational evidence; they face more scrutiny than past wages.

Talk to a Personal Injury Attorney

If you’re missing paychecks because an ankle injury keeps you off your feet after a crash, our firm can help you understand your options, document your wage loss, and navigate deadlines. Reach out today. Call (919) 341-7055 or email intake@piercelaw.com.

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.