Claiming Lost Wages After a Car Accident
Sustaining a serious injury in a car accident can have long-standing consequences. Injured people often find themselves unable to work for a living. Lost wages can make it challenging to make ends meet, especially if the victim is the sole or primary breadwinner in their household. This sudden loss of income comes as a devastating blow during an already difficult time.
New York’s no-fault insurance law provides for the reimbursement of a portion of the victim’s lost earnings after a motor vehicle crash. However, insurers often fight paying lost income claims. To ensure you are paid for lost wages due to a car accident — and get paid all that you deserve — you should speak to an experienced car accident lawyer immediately.
The car accident attorneys at the Tadchiev Law Firm, P.C. can explain how to pursue lost wages after a car accident in Queens. We take an aggressive approach when dealing with insurance companies and are committed to getting maximum compensation for injured people. Call or contact us today for a free consultation.
Why Is It Important to Hire a Lawyer if You’re Out of Work Due to a Car Accident?
If your car accident injuries prevent you from working, it’s crucial to receive every penny you’re owed in lost wages. A Queens car accident attorney can help you recover compensation to make up for lost income and more.
After a crash, the only one looking out for your financial interests is the lawyer you hire to represent you. Insurance adjusters — even from your own no-fault insurance company — are paid to protect their employer’s bottom line.
As your attorneys, The Tadchiev Law Firm, P.C. is dedicated to protecting your interests. We will investigate to determine how the car accident occurred, calculate all the compensation you’re due, and press the insurance company to provide a proper payout to you. If necessary, we will take your case to court to obtain the full and fair compensation you deserve.
Where Do I Turn to Recover Lost Wages After a Car Accident in Queens?
New York is a no-fault car insurance state. Under New York law, an individual injured in a car accident must first turn to their own auto insurance to compensate them for their losses, regardless of who caused the accident.
Car owners in New York are required to maintain at least basic no-fault coverage of up to $50,000 per person injured in an accident. This coverage reimburses the policyholder, family members who reside in their household, and any passengers or pedestrians injured by or while in the covered vehicle for lost wages and medical bills.
No-fault coverage pays 80 percent of your lost earnings for up to three years after a car accident, which is capped at $2,000 per month. This can quickly become an issue as your medical bills approach or exceed the $50,000 maximum available under basic coverage. And if you have injuries that keep you out of work for an extended period, you will likely exhaust the $50,000 available through basic no-fault coverage. (Of course, you may have more than $50,000 of no-fault or personal injury protection (PIP) insurance, but few people maintain more than the minimum required.)
But because you have suffered a serious injury — defined as being fully disabled for 90 days or more or with the loss of an organ or a bodily function, disfigurement, or a broken bone — you may file a personal injury claim against the at-fault driver’s car insurance company. New York requires car owners to maintain auto liability insurance with coverage of at least $25,000 for bodily injury to one person, $50,000 for bodily injury to all persons in a single accident, and $25,000 for property damage.
You’re Entitled to Lost Wages While You Recover from Serious Injuries
After sustaining an injury from a car accident, you will likely miss some amount of work. After you exhaust any paid leave your employer provides, you’ll lose money if you cannot return to work immediately. As your recovery continues, you should be compensated for your lost wages.
If your injury prevents you from returning to your previous job or performing similar work, you should be compensated for future lost income if you must take a lower-paying job or cannot work at all.
As you make a demand for future lost income due to lost earning capacity, you should take the full extent of your losses into account. This includes unrealized pay increases from likely cost-of-living adjustments (COLAs), merit increases or promotions, as well as the value of lost benefits (e.g., insurance, retirement account contributions, stock options, etc.).
As your attorneys, we would consider your long-term prognosis to calculate the full extent of your losses up to now and into the future. We would seek full reimbursement of your income losses after a car accident in Queens.
Are Lost Wages Available If I’m Self-Employed?
You do not relinquish any rights under personal injury law just because you are self-employed, a contractor, or a freelance worker. We would press for full reimbursement of your lost wages from a car accident, just as we would for any other client.
To prove lost wages for self-employed individuals, we use personal business records and other documentation to substantiate the claim. This may include:
- Tax records, e.g., Schedule C (Form 1040) returns or Form 1099-MISC income statements
- Contracts
- Invoices
- Bank records (deposits)
- Correspondence between you and clients/customers
- Affidavits from clients/customers
What Types of Losses Can I Be Reimbursed for After a Car Accident?
Your PIP basic no-fault auto insurance coverage in New York is meant to reimburse you after a car accident for:
- Accident-related medical bills
- 80 percent of lost wages, up to $2,000 per month, for up to three years from the car accident
- Up to $25 a day for “reasonable and necessary” expenses resulting from the accident, such as household help and transportation to doctor appointments.
A car accident claim for a serious injury in Queens may seek compensation for:
- Medical bills
- Lost wages/income
- Property damage
- Pain and suffering
- Other non-economic damages (e.g., emotional distress, anxiety, inconvenience, loss of quality of life, loss of enjoyment of life, loss of consortium, etc.)
Calculating and documenting the full extent of your losses in a car accident can be complicated. A personal injury attorney from The Tadchiev Law Firm, P.C. will seek maximum compensation for you with the ultimate goal of ensuring you bear no monetary loss, are financially stable moving forward, and have been fairly compensated for losses affecting your life that cannot be repaired or replaced.
Contact Our Queens Car Accident Attorneys Today
The car accident lawyers at The Tadchiev Law Firm, P.C. are fierce advocates for injured people in Queens, NY. We fight every day to maximize the compensation our clients recover in car accident claims.
Our attorneys provide free initial case reviews and will not charge a fee unless we recover compensation for you. Call or reach out online today to learn how to maximize a lost wages claim in Queens.