After a serious car accident due to
another driver’s negligence, many people are unable to work. In New York,
calculating lost wages is relatively straightforward if the person returns to
work. However, those with permanent or long-term disability, it is more
complicated—as calculations must include future lost wages.
The New York City car accident lawyers of Douglas & London will determine this so that you can receive the maximum compensation. The majority of cases are settled, but we will take your claim to trial if necessary.
Talk with an experienced personal injury attorney for a free consultation!
No-Fault State
Keep in mind that New York is a
no-fault state for automobile insurance purposes. Therefore, except for severe
injuries, the person’s insurance will replace lost wages, just as it pays for
medical bills, up to the policy limits. However, there are limits to this
amount. While accident victims receive up to 80 percent of their lost wages, the
cap is only $2,000 per month— which does not go far in New York City.
If the person was seriously hurt, they
may go outside the no-fault system and file a personal injury lawsuit against
the at-fault driver. Under state law, these injuries must involve:
- Broken bones
- Loss of a body
part - Loss of a bodily
function - Significant disfigurement
- Injuries
preventing normal activities for at least 90 days post-accident
Lost Wages
Lost wages consist of the total amount
the individual was unable to earn—from the accident date until the time they
returned. As noted, this is a straightforward calculation— adding up the
number of days absent from work and the wages or salary the person would have
earned during that time.
Evidence is necessary, such as pay stubs and employer statements. When a job includes tips, bonuses, and similar income, that amount is also included. Your personal injury lawyer can help you gather the necessary evidence.
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Future Lost Wages
If the person cannot ever return to
work, future lost wages come into play when considering damages. In addition to
consideration of the individual’s age, education, job, and skills— calculation
of this also involves several other elements. This includes testimony from
medical experts regarding the prognosis, and an economic specialist focusing on
the earnings that someone in this position would typically expect in the course
of their career.
Other benefits, such as health
insurance, 401(k) or other retirement plan contributions, paid holidays, and
the like, are also part of the equation. The calculation for future lost wages
will vary depending on whether the person is ever expected to go back to work,
or if the impairment is permanent.
Schedule Your Free Consultation with a Car Accident Lawyer Today!
Loss of Potential
Earning Capacity
Some injuries are so severe that the
person will never work again or cannot work in the field in which they were
trained. For example, a pianist in an orchestra, whose fingers were severely
broken, can no longer make a living in that occupation. Some of the
calculations for loss of potential earning capacity are similar to those for
future lost income, but there is additional specificity.
For example, consideration of the
current job market for this occupation is considered, as is whether the person
earned a standard salary, or much of their income was performance-based. How
many years before the person was scheduled to retire is another substantial factor.
Various parties may need to testify, including:
- The employer
- The economic
specialist - Physicians
Co-workers, relatives, and friends may
also testify, as they can speak to the person’s role in their profession, and
how the accident has limited or cut short a promising career.
Contact Douglas
and London today
If you or a loved one were seriously injured in a car accident due to another driver’s negligence, and you are experiencing issues regarding your lost wages, contact the New York City personal injury lawyers at Douglas & London.
We offer free consultations, which you
may schedule by calling or texting 24/7 or completing our online contact form.
After reviewing your case, we will discuss your options. We work on a
contingency basis, so there is never a fee unless we win.
