How do I prove lost wages for my part-time job following my car accident?
Proving Lost Wages From Your Part-Time Job After a North Carolina Car Accident
Detailed Answer
Under North Carolina personal-injury law, you may recover economic damages that flow directly from someone else’s negligence. Lost wages—whether from a full-time, part-time, or gig position—fall squarely into this category. Although the right to recover lost earnings comes from North Carolina common law, you must still file any lawsuit within the three-year statute of limitations found in N.C. Gen. Stat. § 1-52(16).
1. What Counts as “Lost Wages” for a Part-Time Worker?
Hourly pay for shifts you could not work.
Overtime or premium pay you reasonably expected to earn.
Tips or commissions customarily earned in the course of your employment.
Lost benefits tied directly to hours worked (e.g., employer contributions you only receive after meeting minimal hour thresholds).
2. Core Evidence You Should Gather
Pay Stubs or Direct-Deposit Records Collect at least 3–6 months of stubs from before the crash plus any stubs showing reduced hours after the crash.
Employer Verification Letter Ask a supervisor or HR representative to confirm: (a) position, (b) regular schedule, (c) hourly rate, (d) typical overtime or tips, (e) dates you missed work, and (f) total hours lost.
Time Sheets or Scheduling Apps Screenshots from scheduling software (e.g., Homebase, When I Work) can demonstrate the exact shifts you were assigned but could not complete.
Tax Returns & W-2/1099 Forms These documents corroborate your historical earnings and help calculate an average if your hours vary week to week.
Medical Documentation Physician notes should state the injury, work restrictions, and the dates you were unable—or medically limited—to perform your job duties.
3. Calculating Your Claim
For hourly part-time work, multiply your hourly wage by the number of hours missed. If your schedule fluctuates, North Carolina adjusters and courts often accept a rolling average based on the prior 3–12 months of work history. Do not forget:
Overtime: Use time-and-a-half for lost overtime hours.
Tips: Average tips per shift and multiply by shifts missed.
Taxes: Present the gross figure; insurers may later reduce to net after-tax income.
4. Presenting Proof to an Insurer or Court
Organize your evidence chronologically and include a summary spreadsheet. Each entry should match a supporting document (pay stub, schedule, medical note). When submitting to the at-fault driver’s insurer, attach:
Demand letter with a clear lost-wage calculation.
All supporting exhibits, labeled.
A signed statement from your employer.
If the case proceeds to litigation, these same documents become exhibits at trial. North Carolina Pattern Jury Instruction 810.02 instructs jurors to award the “fair value of time lost from employment,” so clear documentation is critical.
5. Mitigation Duty
You must make reasonable efforts to return to work when medically cleared. Keep records of every doctor appointment, work-restriction update, and communication with your employer showing you tried to resume your schedule.
6. Deadline Reminders
You have three years from the accident date to file suit (§ 1-52). Evidence is easier to obtain early, so request employer records and medical notes promptly.
Helpful Hints
Ask your employer to run a lost-wage report; many payroll systems generate this automatically.
Use a smartphone photo or scanner app to back up every pay stub before handing originals to an insurer.
If you work multiple part-time jobs, track missed hours separately for each employer.
Gig-economy workers (DoorDash, Uber) should download ride or delivery summaries to verify income.
Create a calendar that highlights medical appointments and missed shifts—it visually reinforces your timeline.
Need help documenting and recovering every dollar you lost? Our North Carolina personal-injury team has years of experience guiding clients through wage-loss claims. Call us today at 919-313-2737 for a free, no-obligation consultation.
