How can I prove my lost wages after an accident?

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How can I prove my lost wages after an accident? - North Carolina

Short Answer

In North Carolina, you usually prove lost wages after an accident by showing (1) you missed work because of the injury and (2) what you would have been paid if you had been able to work. The strongest proof is a combination of medical documentation (work restrictions or time out of work) and employer/payroll documentation (pay rate, hours missed, and dates). If your pay is irregular or you are self-employed, tax records and business records can also support the claim.

Understanding the Problem

If you were hurt in North Carolina and missed work, you may be asking: “How do I show the insurance company (or a court) that I actually lost income because of the accident?” In your situation, one key fact is that your law firm asked for a photo of your driver’s license to request the police report, which is often part of building the claim file while wage-loss proof is gathered. The goal with lost wages is to document both the time you could not work and the pay you lost during that time.

Apply the Law

Under North Carolina personal injury law, lost wages are a type of economic damage. In plain terms, you are trying to prove a dollar amount that ties directly to the injury: time missed (or reduced ability to work) and the income you would have earned. In most cases, the claim is handled through an insurance claim first; if the case is filed, it is handled in the North Carolina General Court of Justice (typically Superior Court for larger cases). A common timing issue is that wage-loss proof often cannot be finalized until your doctor has documented work restrictions and your employer has confirmed the dates and pay information.

Key Requirements

  • Proof you missed work because of the injury: A doctor’s note, work-status form, or medical record showing you were taken out of work, put on restrictions, or limited to reduced hours.
  • Proof of your pre-injury earnings: Recent pay stubs, a wage verification from your employer, or payroll records showing your hourly rate/salary and typical hours.
  • Proof of the specific dates and hours missed: A written employer statement, timekeeping records, attendance logs, or a completed wage-loss verification form.
  • Proof of what you actually received during the missed time: Records showing sick leave, PTO, short-term disability, or partial pay (so the claim reflects the true loss).
  • A clear calculation method: A simple breakdown (dates missed × hours missed × rate of pay) that matches the supporting documents.
  • Consistency across records: Your medical “out of work” dates should line up with employer records and your own timeline.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you want compensation for missed work, the core task is collecting documents that connect your time away from work to the injury and then proving what you would have earned. While your firm is requesting the police report (and may need your driver’s license to do that), wage-loss proof usually comes from your doctor and your employer/payroll records rather than from the police report itself. In practice, your attorney can begin addressing lost wages as soon as you provide your pay information and your employer can confirm the missed time, even if the overall claim is still being developed.

Process & Timing

  1. Who gathers the wage proof: You and your attorney. Where: From your employer’s HR/payroll department and your medical providers in North Carolina. What: A wage verification letter or completed wage-loss form, recent pay stubs/W-2s, and medical work-status notes. When: Start as soon as you miss work; don’t wait until the end of treatment.
  2. Attorney review and calculation: Your attorney typically compares the employer’s confirmation (dates/hours/rate) with medical restrictions and your pay records, then prepares a clear wage-loss summary to submit with the claim.
  3. Submission and follow-up: The wage-loss packet is sent to the insurance adjuster (or used in litigation discovery if a lawsuit is filed). If anything is missing or inconsistent, your attorney may request clarifications from HR or updated medical notes.

Exceptions & Pitfalls

  • No medical support for time out of work: If you missed work but do not have medical documentation tying the absence to the injury, insurers often dispute the wage-loss claim.
  • Using only your own estimate: A personal spreadsheet helps, but it usually is not enough by itself. Pair it with employer and medical records.
  • Irregular income issues: Overtime, tips, commissions, seasonal hours, and gig work often require extra records (prior pay periods, year-to-date earnings, or tax documents) to show a reliable baseline.
  • PTO and sick time confusion: If you used PTO, you may still have a loss (for example, you lost accrued leave), but you need documentation and a clear explanation so the claim is not overstated.
  • Employer delays or refusal: If HR is slow to respond, ask your attorney what alternate documents can be used (pay stubs, timecards, schedules, attendance records) while the formal verification is pending.
  • Mixing workers’ compensation and third-party claims: If the accident happened at work, different rules may apply and the documentation needs can change. Tell your attorney immediately if the injury was job-related.

Conclusion

To prove lost wages after an accident in North Carolina, you generally need documents that show you missed work because of the injury and what you would have earned during that time. The best package usually includes medical work-status notes plus employer/payroll confirmation of your pay rate and the dates/hours missed. Your next step is to gather your recent pay stubs and ask your employer to complete a wage verification (or provide a signed letter with the same details) as soon as possible.

Talk to a Personal Injury Attorney

If you’re dealing with missed work after an accident and need to document lost wages, our firm has experienced attorneys who can help you understand what records to gather, how the proof is typically presented, and what timelines may affect your claim. 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.

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