Recovering Damages for Loss of Income After a Car Accident in New York
A serious car accident can change your life in an instant. Beyond the physical pain and emotional stress, many accident victims face a significant financial burden, especially if their injuries prevent them from working. Lost income can quickly lead to mounting bills and financial uncertainty. Fortunately, if someone else’s negligence caused your accident, you may be entitled to compensation for your lost wages and diminished future earning capacity.
At the Law Office of Taran M. Provost, PLLC, we understand how overwhelming the aftermath of a car accident can be. Our goal is to help you recover the full compensation you deserve, including damages for lost income. Here’s what you need to know about recovering lost wages after a car accident in New York. If you or a loved one has been hurt in a crash in the Hudson Valley, call our office for help from an experienced and successful Poughkeepsie auto accident lawyer.
What Are Loss of Income Damages in a Car Accident Claim?
Simply put, loss of income refers to the wages you were unable to earn because your injuries prevented you from working. This can include, for example:
- Lost Wages: Income you would have earned from your job during the time you were unable to work due to the accident.
- Loss of Future Earning Capacity: If your injuries leave you with a long-term disability or limit your ability to work in the future, you may be entitled to compensation for your reduced earning potential.
- Lost Benefits: If you lost out on bonuses, commissions, or retirement contributions due to missed work, these losses might also be recoverable.
Proving Loss of Income in New York
To recover damages for lost income, you may need to provide evidence of your financial losses. This could include:
- Medical Documentation: A doctor’s report that outlines your injuries and how they affect your ability to work.
- Employment Records: Pay stubs, tax returns, or a letter from your employer confirming your salary, hours missed, and job duties.
- Expert Testimony: In cases involving loss of future earning capacity, an economic or vocational expert can help estimate your potential future losses based on your career trajectory and the severity of your injury.
No-Fault Insurance and Lost Wages in New York
New York is a no-fault insurance state, and your personal injury protection insurance policy typically covers medical expenses and a portion of lost wages—regardless of who was at fault. Under New York’s no-fault system, you can recover up to 80% of your lost income, up to a maximum of $2,000 per month, for up to three years after the accident.
However, if your injuries are severe and your losses exceed what no-fault insurance covers, you may be able to pursue a personal injury lawsuit against the at-fault driver to recover additional compensation.
When Can You Sue for Additional Lost Income?
To step outside of New York’s no-fault system and file a lawsuit for additional lost wages, your injuries must meet the state’s serious injury threshold. This includes, for example:
- Significant disfigurement
- Bone fracture
- Permanent limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Substantial disability lasting 90 days or more within the first 180 days after the accident
If your injuries qualify, you can seek full compensation for lost income, loss of future earning capacity, and other damages such as pain and suffering. However, in this situation you will be required to prove the other driver was at fault and fight back against insurance company arguments that you were to blame or that your injuries and damages are not as serious as you claim.
Why You Need an Experienced Personal Injury Attorney
Proving loss of income and securing full compensation can be challenging, especially when dealing with insurance companies that aim to minimize payouts. An experienced personal injury attorney can gather and present strong evidence of your lost income, calculate the true value of your financial losses, including future earnings, negotiate with insurance companies on your behalf, and represent you in court, if necessary. At the Law Office of Taran M. Provost, PLLC, we are dedicated to fighting for your financial recovery so you can focus on healing.
Contact a Poughkeepsie Car Accident Lawyer Today
If you’ve lost income due to a car accident in Orange, Ulster or Dutchess County, don’t try to take on the legal process alone. Contact the Law Office of Taran M. Provost, PLLC today for a free consultation over the phone or at our offices in Poughkeepsie and Goshen. We’ll review your case, explain your rights, and help you pursue the compensation you deserve. Your recovery starts here.
