Can I Recover Lost Wages in a Personal Injury Lawsuit?
Yes, it is possible to recover lost wages in a personal injury lawsuit. When you are disabled because of another party’s negligence, you cannot work and support your family. A New York City personal injury lawyer at Douglas and London protects your rights while helping you receive the compensation you deserve, including your lost wages.
New York No-Fault Insurance
When it comes to car accidents, New York is a no-fault insurance state. Most people will not file a personal injury lawsuit but have their lost wages and medical expenses paid by their own insurance company– no matter who was at fault. There is an exception in which seriously injured individuals may go outside the no-fault system and sue. These exceptions involve:
- Fractures
- Fetal loss
- Significant disfigurement
- Loss of a bodily part
- Loss of functioning of a bodily system
If medical expenses and lost wages incurred are more than $50,000, the individual may also file. Finally, the same holds if the person is impaired for more than 90 out of the 180 days.
Lost Wages and Other Damages
In personal injury cases, there are economic and non-economic damages. Lost wages, as well as property damage and medical bills, are examples of the former. Non-economic damages may include pain and suffering, and loss of ability to enjoy life.
Calculating Lost Wages
Calculating lost wages is a relatively straightforward procedure. However, it does require extensive documentation. That may include payroll stubs, tax records, and submission of missed days of employment. The days lost are multiplied by your daily average wage or salary.
Lost wages calculations also include any potential bonuses, commissions, tips, and benefits. Your employer can state what those amounts would have been for evidence in your claim.
Lost Future Wages
In addition, some claimants may receive future lost wages. That generally occurs if a settlement is made before the person fully recovers but is expected to do so within a relatively reasonable amount of time. Again, documentation is needed, as well as expert medical testimony concerning how long full recovery should take.
Earning Capacity Loss
Severely injured plaintiffs may also suffer a loss of future earning capacity. For example, if a surgeon severely damages their hands in a slip and fall accident– their days of operating on patients may be over. While the person may work again in some field, they are not able to work at a job and make the same amount of money.
When considering earning capacity loss, various factors are considered, including:
- Age
- Life expectancy
- Injury severity
- Work evaluations
- Whether income was based on earnings or performance
- Employer policies regarding raises and other benefits
- Current job market
Further, when it comes to determining this, expert testimony is often necessary. This may include a physician, who can explain the injury and the resulting impairment; an economic specialist, who will testify as to the plaintiff’s expected earning capacity, and perhaps the individual’s employer, who will speak about the employee’s performance record.
Contact Douglas and London today
If an injury due to someone else’s negligence means you cannot work, you need our services at Douglas and London. Submit our online contact form or call or text us 24/7 to schedule a free consultation with a skilled personal injury lawyer.
We evaluate your case and let you know whether you have a valid personal injury claim. If so, we will negotiate with the insurance company so that you receive a fair settlement. While most cases are settled, we prepare to go to trial, if needed. We work on a contingency basis, so you do not pay a fee unless we win compensation. Hablamos Español.
