- Getting lost wages after a car accident can take a few weeks to over a year.
- Liability disputes, insurance delays, and court caseloads can prolong the process.
- Working with a New York car accident lawyer can often speed up the timeline for receiving lost wages.
A car accident can keep you out of work for weeks, months, or even years. If you do return to work, you may be unable to perform the same duties or work the same hours as before. This can cause significant financial strain.
You’re likely eligible to receive compensation for these lost wages after a car accident in New York. Getting this compensation can be a lifeline when you suddenly lose your main source of income. An attorney at Chopra & Nocerino can explain how long it takes to get lost wages from a car accident and work with you to accelerate the process.
What Are Lost Wages in a Car Accident Claim Under New York Law?
Various types of auto insurance policies in New York cover lost wages, including personal injury protection (PIP) and liability coverage. Lost wages may include any form of compensation you would have received from your job if you had not been injured, such as:
- Regular pay
- Commission
- Bonuses
- Overtime pay
- Benefits, such as health insurance and retirement contributions
Lost wages typically result from a temporary disability that prevents you from working until you recover. However, some car accident victims receive compensation for lost earning capacity.
Future Lost Wages
Severe car accident injuries can cause long-term or permanent disabilities. These injuries may prevent you from ever working again. You may be capable of working part-time or in a lower-paying job, but you can no longer perform the same duties as before.
This may entitle you to future lost wages or lost earning capacity. Future lost wages include the income you would have earned throughout your lifetime if you had not been injured.
Calculating future lost wages can be complicated. This is especially true if you were young and just starting your career when the accident occurred. Your attorney may need to collaborate with experts to project your future earnings based on age, education, work experience, job market trends, and other factors.
How Do You Prove Lost Wages After a Car Accident?
You must provide proof of your pre-accident earnings and how the accident has affected them. Evidence that may help you prove lost wages after a car accident includes:
- Pay stubs, bank statements, or tax returns showing your pre-injury income.
- A letter from your employer stating your salary and any benefits you receive.
- Timesheets or other employer records showing the work hours you missed due to your injuries.
- Correspondence with your employer regarding your time off work and lost wages.
Medical evidence often plays a key role in proving lost wages as well. Your medical records may indicate the extent of your injury’s impact on your ability to work. Your doctor may also provide a statement outlining the limitations your injury has caused. Additionally, third-party medical and vocational experts may provide testimony to support your claim for lost earning capacity.
Proving car accident lost wages when you’re self-employed can be more challenging. Without employer records, you must rely on alternative evidence. Examples include invoices and contracts showing your pre-injury income or profit/loss statements demonstrating a decrease in business activity after the accident.
How Long Does It Take To Recover Lost Wages After a Car Accident in New York?
It can take anywhere from a few weeks to a year or more to recover lost wages in New York. The timeline varies greatly from case to case.
Insurance company processing times may affect your case’s timeline. Some insurance companies have larger claim backlogs or are more difficult to work with than others.
Your case may also take longer if disputes over fault or the extent of your injuries occur. This can happen whether you are a driver or a passenger in a car accident. Insurance companies usually make a low initial offer, so you may need to negotiate a fair settlement. You may need to get additional evidence to counter the insurance company’s arguments during this process.
If negotiations aren’t successful, your only way to receive lost wages may be to take the case to trial. This can add a significant amount of time to the recovery process. Courts often have long wait times for trials due to their caseloads.
How Can a Car Accident Attorney Help Speed Up the Process?
You have enough stress on your plate after a car accident. Facing the legal process alone can add to that burden and slow your road to recovery. Our experienced personal injury lawyers will work with you to expedite the process and ease your stress.
We’ll take the lead in building your claim. This starts with a comprehensive investigation to determine who’s at fault and how they caused your lost wages. We’ll gather evidence demonstrating the defendant’s liability and the extent of your injuries. We’ve navigated these steps countless times, so we know how to do it as efficiently as possible.
From there, we’ll negotiate with the insurance company on your behalf to reach a fair settlement. We know the insurance company’s tactics and how to counter them. We aren’t afraid to push back and fight for what you deserve without unnecessarily prolonging the process.
If the insurance company delays or unfairly denies your claim, we’ll be ready to act so their actions don’t significantly stall your case. We’ll also be prepared to take your case to trial if the insurance company refuses to make a fair settlement offer. Our attorneys know what to expect during this process and can use that knowledge to smoothly guide your case toward a timely resolution.
Contact the Car Accident Attorneys at Chopra & Nocerino
At Chopra & Nocerino, we understand how important it is for you to receive lost wages as quickly as possible after a car accident. We’ll do everything in our power to speed up the process so you can start rebuilding your life.
If you or someone you love has suffered lost wages after being injured in New York, we’re here for you. Contact us online or call (855) NYC-HURT for a free consultation. You pay us nothing unless we win your case, so there’s no financial risk in seeking our help.
