Short Answer

In North Carolina, you can prove lost wages with any reliable records that show what you earned before the injury and what you missed because of it. If pay was irregular, use multiple sources—tax returns, 1099s, bank deposits, client invoices, schedules, and a doctor’s work restrictions—to build a reasonable, well-documented estimate. Courts look for credible, businesslike records and a calculation tied to the injury period.

Understanding the Problem

You’re asking whether you can prove lost wages in North Carolina when your pay wasn’t a steady paycheck. This comes up in personal injury claims when income came through withdrawals, gigs, tips, or contract work rather than regular payroll. Here, you were treated at multiple facilities and had inconsistent payroll withdrawals, and an accountant could not verify the fluctuations for a wage claim.

Apply the Law

Under North Carolina law, a plaintiff seeking lost wages must show, with reasonable certainty, (1) earnings before the injury, (2) time missed or reduced capacity due to the injury, and (3) a reliable method tying the dollars lost to that period. For irregular income, courts accept business records and third-party documents if they are trustworthy and properly authenticated. The main forum is the civil trial court (filed with the Clerk of Superior Court); personal injury claims generally must be filed within three years of the injury unless an exception applies.

Key Requirements

• Prove pre-injury earnings: Use tax returns, W-2s/1099s, bank statements, invoicing apps, client contracts, and calendars/schedules.
• Show injury-caused loss: Link specific dates of missed work or reduced hours to your injury with medical notes or work restrictions.
• Use a reasonable calculation: For fluctuating income, average a representative period (e.g., rolling 6–12 months) and align it to the actual downtime.
• Rely on business records: Bring in employer/payroll records, bank/processor statements, and similar records that meet the business-records evidence rules.
• Focus on net income if self-employed: Substantiate expenses; courts typically look at net profits, not gross deposits.

What the Statutes Say

• Rule 803(6) business records (hearsay exception) - Allows admission of regularly kept business records if properly supported.
• Rule 45 subpoenas (documents from non-parties) - Lets you subpoena employers, banks, and platforms for records.
• G.S. 1-52 (three-year statute of limitations) - Most personal injury actions must be filed within three years.

Analysis

Apply the Rule to the Facts: Because your income came through inconsistent payroll withdrawals, you can show pre-injury earnings with tax returns, 1099s, bank deposits, and client invoices instead of standard pay stubs. Your treatment at multiple facilities helps establish when and why you could not work; obtain provider notes stating work restrictions for those dates. If the accountant could not verify fluctuations, broaden the proof: use third-party records and averages over a representative period, focusing on net income where you had business expenses. A pre-demand verification that lines up treatment dates, missed work, and a well-supported calculation strengthens negotiations.

Process & Timing

1. Who files: The injured person (plaintiff). Where: File a civil complaint with the Clerk of Superior Court in the North Carolina county where the crash occurred or the defendant resides. What: Civil Summons and Complaint; attach or later produce wage documentation (tax returns, bank statements, employer/payroll records) and medical work restrictions. When: File within three years of the injury unless an exception applies.
2. Gather and secure records: Request employer/payroll verifications and obtain copies of tax returns (typically 2–3 years), 1099s/W-2s, bank/processor statements, invoices, calendars, and doctor notes. After filing, use Rule 45 subpoenas to non-parties (employers, banks, gig platforms) for missing records. Provide notice to other parties and follow Rule 45’s compliance procedures; response times can vary by recipient and county practice.
3. Prove the amount: Prepare a wage-loss summary: state the pre-injury average (based on reliable records), specify the injury-related downtime or reduced hours, and show the calculation. Expect to produce business-record certifications or a witness to authenticate records; for self-employed income, include expense support to show net profit.

Exceptions & Pitfalls

• Using gross deposits: If you’re self-employed or gig-based, failing to subtract business expenses can overstate losses; courts typically look at net profit.
• Thin documentation: One record type is rarely enough for irregular income. Corroborate with tax returns, bank/processor statements, and client or employer records.
• No medical tie: Missing doctor work restrictions weakens causation; obtain provider notes covering dates you could not work.
• Subpoena missteps: Follow Rule 45 service and notice requirements; improper notice can delay or quash records.
• Wrong timeframe: Use a representative pre-injury period (e.g., trailing 6–12 months) and match it precisely to the missed-work dates.

Conclusion

In North Carolina, you can prove lost wages—despite irregular pay—by combining credible business records to show pre-injury earnings, linking medical work restrictions to time missed, and using a reasonable, well-documented calculation (net income for self-employment). The key next step is to collect tax returns, bank/processor statements, invoices, and employer verifications, and file your civil complaint with the Clerk of Superior Court within three years of the injury.

Talk to a Personal Injury Attorney

If you're dealing with an injury and irregular income, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 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.