Short Answer

Usually yes—under North Carolina law you can add a lost‑wage claim later if you have not signed a settlement release and you are still within the filing deadline. If a lawsuit is already filed, courts generally allow you to amend your complaint to add lost wages when it arises from the same accident. But once you sign a broad release, you typically cannot come back for additional categories like lost wages.

Understanding the Problem

In North Carolina, can an injured person add lost wages to a personal injury claim after starting with only medical bills, especially when they have been treating with a chiropractor? You want to know if that category of damages can be raised later, what deadlines apply, and what has to be shown to recover it.

Apply the Law

North Carolina lets injury claimants recover the full range of damages caused by someone else’s negligence, including lost wages, if they assert them before the statute of limitations runs and before signing a comprehensive settlement release. If a lawsuit is filed, the Rules of Civil Procedure allow amendments so long as the added damages arise from the same accident; those amendments often relate back to the original filing. The main forums are pre‑suit insurance negotiations and, if needed, the county’s District or Superior Court. A key deadline is the three‑year statute of limitations for negligence claims.

Key Requirements

• No release signed: You can add lost wages before signing a settlement release; a broad release usually bars any later claim from the same incident.
• Within three years: Add or file your lost‑wage claim within the three‑year statute of limitations for personal injury negligence.
• Same accident: If suit is filed, you may move to amend your complaint to add lost wages that arise from the same crash or incident.
• Proof of loss: Provide employer verification (pay stubs, payroll records, a letter) and medical support (doctor’s note/work restrictions) tying the missed work to your injuries.
• Mitigation: Be prepared to show you reasonably tried to work or return to light duty if medically cleared.
• No undue prejudice: Amendments late in litigation require court permission; they are typically allowed if they do not unfairly prejudice the defense.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for negligence) – Most personal injury claims, including lost wages from negligence, must be brought within three years.
• N.C. R. Civ. P. 15 (Amended and supplemental pleadings) – Courts liberally allow amendments; claims arising from the same occurrence often relate back.

Analysis

Apply the Rule to the Facts: You have soft‑tissue back and knee injuries and are treating with a chiropractor. If you have not signed a release and are within three years of the accident, you can still pursue lost wages by supplementing your demand or, if sued, moving to amend the complaint under Rule 15. You will need employer documents and a provider’s note linking time off to your injuries to prove the lost time and amount.

Process & Timing

1. Who files: The injured person (through counsel). Where: Pre‑suit to the at‑fault insurer; if sued, in the District or Superior Court for the North Carolina county where the defendant resides or where the accident occurred. What: Pre‑suit, submit a supplemental demand package with employer wage verification and medical work restrictions; in litigation, file a Motion to Amend the Complaint under Rule 15 to add lost‑wage damages. When: Do this before you sign any release and within the three‑year limitations period.
2. During negotiations, provide updated pay stubs, tax returns (if needed), and a letter from your employer confirming dates missed and hourly/salary rate; expect the insurer to review within a few weeks, but timing varies by carrier and county practices.
3. If the case is in court, obtain consent to amend or seek leave of court; once allowed, serve the amended complaint and proceed with discovery on wage loss. The expected outcome is either an adjusted settlement including wages or a trial verdict that includes them.

Exceptions & Pitfalls

• Signed release: A broad release typically waives any later claim for additional categories like lost wages unless expressly reserved.
• Insufficient proof: Missing employer letters or medical work notes can sink a wage claim. Gather pay records, schedules, and provider restrictions.
• Self‑employment: Expect to substantiate income with tax returns and invoices; simple estimates are usually not enough.
• Delay: Last‑minute amendments risk denial if they would unfairly prejudice the defense; raise wage loss promptly.

Talk to a Personal Injury Attorney

If you’re dealing with a North Carolina injury claim and need to add lost wages, 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.