How do lost wages get verified and factored into a personal injury settlement offer? — Durham, NC

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How do lost wages get verified and factored into a personal injury settlement offer? — Durham, NC

Short Answer

In North Carolina personal injury claims, lost wages are usually verified with objective proof—most often an employer wage verification plus pay records—and then included as part of your “economic damages” in the settlement evaluation. The insurer typically looks for a clear link between (1) the injury-related time missed and (2) the specific income you would have earned during that time. If the documentation is incomplete or the time out of work is not well supported, the wage-loss portion of the offer may be reduced or disputed.

What This Question Is Really Asking

You’re asking two things: (1) what proof an insurance carrier usually requires to accept a wage-loss claim, and (2) how that number actually gets used when the carrier calculates a settlement offer. In most cases, wage loss is not “estimated” the way pain and suffering can be. It is typically treated as a math-and-paperwork issue: show the time missed, show the pay rate, and show that the missed time was because of the injuries.

A Practical Step-by-Step Path

  1. Immediate priorities: Document the time missed as it happens. Save work notes/restrictions (if any), keep a simple calendar of missed shifts/hours, and keep copies of any written communications about being out of work or being placed on restrictions.
  2. Short-term tasks: Gather wage proof that matches your job type.
    • W-2 employee: recent pay stubs, a year-to-date earnings summary, and an employer verification that confirms dates missed and what would have been earned.
    • Hourly vs. salary: hourly claims often need schedules/timecards; salary claims often focus on the specific days missed and whether paid leave was used.
    • Self-employed / gig work: insurers commonly want tax returns and business records (not just a personal estimate). They may also look for invoices, 1099s, and bank deposit history that show a consistent earnings pattern before the injury.
  3. Later-stage steps: Tie the wage loss to the injury timeline and the medical timeline. In a typical settlement evaluation, the carrier compares the missed-work period to the treatment timeline and restrictions. If the claim involves longer-term work limits, the analysis may shift from “lost wages” to “reduced earning capacity,” which usually requires more detailed proof than a simple employer letter.

Timing: What Can Speed Things Up or Slow Things Down

  • Incomplete employer verification: If the employer letter does not clearly state dates missed, rate of pay, and whether the time was unpaid, the carrier may treat the wage claim as unproven until it is clarified.
  • Using paid leave: If you used sick leave, vacation, or PTO, the carrier may ask whether you are claiming the value of used leave, truly unpaid time, or both. Clear documentation matters.
  • Variable hours or commissions: Fluctuating income often slows evaluation because the carrier may request a longer earnings history to calculate an average.
  • Treatment gaps or unclear work restrictions: If the medical records do not support why you could not work (or why you could not do your usual job duties), the carrier may dispute the length of time claimed.
  • Multiple providers and ongoing care: When treatment spans multiple visits (including chiropractic care), carriers often look closely at whether the missed-work dates line up with the injury course and documented limitations.
  • Local practice variability: How quickly records and wage documents get produced can vary by employer practices and by how quickly documentation is gathered and organized.

How This Applies

Apply to these facts: Here, the carrier says it evaluated the claim using medical treatment, wage loss, and pain and suffering. The wage-loss piece is usually strongest when your file includes (1) an employer verification showing the exact dates/hours missed and the pay rate, plus (2) pay stubs or payroll records that back up the numbers. Because the injuries involved multiple body areas and multiple provider visits (including chiropractic care), the carrier will often compare the missed-work period to the treatment timeline and any documented work restrictions to decide whether the wage loss is fully supported.

What the Statutes Say (Optional)

  • N.C. Gen. Stat. § 1-52 – sets a three-year limitations period for many personal injury actions in North Carolina.

Conclusion

Lost wages in a Durham personal injury settlement offer usually come down to documentation: proof of what you earned, proof of what you missed, and proof that the missed time was injury-related. A clear employer verification and supporting pay records often make the wage-loss portion easier to evaluate and harder to dispute. One practical next step is to ask your employer (or payroll department) for a written wage verification that lists dates missed, hours, and pay rate, and then keep it with your pay stubs and work-status paperwork.

Talk to a Personal Injury Attorney in Durham

If the issue involves injuries, insurance questions, or a potential deadline, speaking with a licensed North Carolina attorney can help clarify options and timelines. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It also is not medical advice. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.

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