Understanding the Problem

In North Carolina, if you missed work after an injury and you are working with an attorney, a common question is: when will your attorney actually start pursuing your lost wages as part of your claim? In your situation, one key fact is that the firm is still gathering a police report and asked for a photo of your driver’s license so they can request it.

Apply the Law

Under North Carolina law, lost wages are generally part of the money damages a person may seek in a personal injury claim when an injury affects the ability to work. Your attorney’s job is to prove both (1) the connection between the injury and the time missed from work and (2) the amount of income lost. Most of the time, the claim is handled through an insurance claim first (a demand and negotiation). If the case cannot be resolved, the attorney may file a lawsuit in the appropriate North Carolina court—keeping the statute of limitations in mind.

Key Requirements

• Proof you missed work because of the injury: The claim is stronger when medical records or a work-status note show you could not work (or had restrictions) during the time you missed.
• Proof of what you would have earned: Your attorney typically needs pay stubs, W-2/1099 information, a recent tax return, or other reliable wage records showing your normal earnings.
• Employer verification (when available): Many insurers want a written statement confirming dates missed, rate of pay, typical hours, and whether you used sick/PTO time.
• Clear calculation method: The demand usually explains how the wage loss number was calculated (hourly vs. salary, overtime history, commissions/bonuses if consistent).
• Consistency across records: The dates in medical notes, employer records, and your own timeline should match to avoid disputes.
• Timely action before filing deadlines: Even if negotiations take time, the case must be filed before the legal deadline if settlement is not reached.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitation; includes many personal injury actions) - sets a three-year filing deadline for many injury-related civil claims.
• N.C. Gen. Stat. § 1-53 (Two-year limitation for wrongful death) - provides a different deadline when the claim is for wrongful death.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - places the burden on the party asserting contributory negligence as a defense.

Analysis

Apply the Rule to the Facts: Because your firm is still obtaining the police report and asked for your driver’s license photo to request it, your attorney may still be in the early evidence-gathering phase. Lost wages usually cannot be fully presented until your lawyer can tie your missed work to medical documentation and confirm your earnings through pay and employer records. That said, your attorney can start the lost-wages process now by requesting wage documentation from you and an employment verification from your employer while the police report request is pending.

Process & Timing

1. Who files: Usually no one “files” a lost wages claim by itself at the start; your attorney gathers proof and submits it as part of your injury claim. Where: Typically to the at-fault party’s insurance adjuster (and sometimes your own insurer, depending on coverage). What: A wage-loss documentation packet (pay records, employer verification, and medical work-status notes). When: Often within the first few weeks after representation, once you provide wage/employer information and your medical provider documents work restrictions.
2. Demand stage: After your attorney has enough information about treatment and work impact, they usually send a written demand that includes lost wages as a specific line item, supported by documents. This timing varies depending on how quickly medical records and employer records arrive.
3. If settlement is not reached: Your attorney may file a lawsuit in the appropriate North Carolina trial court before the statute of limitations runs, then continue to update and prove lost wages through discovery (formal requests for records) and, if needed, testimony.

Exceptions & Pitfalls

• Missing medical support: If there is no medical note taking you out of work (or restricting duties), insurers often argue the missed time was not medically necessary.
• Using PTO or sick time: Insurers sometimes dispute whether PTO “counts” as a loss; your attorney may still pursue it, but it often requires clear documentation and explanation.
• Self-employment or variable income: Proving lost income can be more document-heavy (tax returns, invoices, profit-and-loss records). Delays are common if records are incomplete.
• Gaps or inconsistencies: If the dates you say you missed work do not match employer records or medical restrictions, the insurer may reduce or deny the wage-loss portion.
• Contributory negligence disputes: North Carolina’s contributory negligence rules can affect the entire claim, including lost wages, so attorneys often build liability proof (like the police report and witness information) in parallel with wage documentation.
• Waiting too long to request records: Employer verification and medical records can take time. Early requests help avoid last-minute problems as deadlines approach.

Conclusion

In North Carolina, your attorney typically starts pursuing lost wages by gathering proof early—medical work-status documentation plus employer and pay records—then presenting that information as part of the overall injury demand to the insurance company. Even if the police report is still being requested, your lawyer can usually begin the wage-loss portion now by requesting your pay documents and sending an employer verification form. The key deadline to keep in mind is that many injury lawsuits must be filed within three years, so the claim should be developed promptly.

Talk to a Personal Injury Attorney

If you’re dealing with missed work after an injury and you’re unsure when your lost wages will be addressed, our firm has experienced attorneys who can help you understand what documentation is needed and what timelines to expect. Reach out today. Call {{CONTACT NUMBER}}.

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.