After a car accident, you may be able to receive lost wages from either No-Fault insurance or through an award for lost wages. If you missed work while recovering from your injuries, you may be entitled to recover your lost wages.
Other forms of economic damages, such as medical bills, out of pocket expenses for medicine, transportation or medical devices may also apply in your case.
New York’s No-Fault Insurance Laws Allow Victims to Recover Lost Wages
According to ISC § 5102(a)(2), victims may collect up to $50,000 in economic damages after a car accident. This award would include lost wages if the victim missed work during their recovery. However, they must provide medical documentation showing that they could not have worked due to their injuries. Though there are exceptions, most No Fault benefits limit your lost wages benefits to $2000 per month.
In addition to lost wages, victims can also seek recovery for benefits, pension, and sick leave when applicable. They can submit wage statements and other documentation to validate their claims.
Victims may also qualify for reduced earning capacity payments if their injuries keep them from returning to work or change the amount of income they can earn. Again, they must be able to show proof that their injuries resulted in ongoing medical conditions.
Other Forms of Economic Damages Victims Can Seek
Along with lost wages, victims could recoup payment of medical expenses. Awards for these expenses count toward the $50,000 limit, though. Medical expenses that may qualify for reimbursement can include:
- Ambulatory care
- Emergency room care
- Hospital bills
- Doctor’s appointments
- Specialists visits
- Diagnostic testing
- Home modifications and medical equipment
- Transportation to and from the doctor
You should keep any receipts from medical treatments and taxi receipts and submit them when you file your claim.
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You May also be Able to Recover Lost Wages and Other Damages not Covered by No Fault Benefits
If your accident resulted in serious injuries, you may also be able recover any lost wages and expenses not covered by No Fault benefits, as well as compensation for pain and suffering in a personal injury lawsuit.
The law requires that your injuries meet certain criteria. In New York, a serious injury is defined as an injury which resulted in any one of the following:
- Significant disfigurement
- Permanent loss of use of body organ, member, system or function
- The loss of a fetus
- Permanent consequential limitation of use of a body organ, function or system
- Any medically determined injury which results in your not being able to perform substantially all of your usual or customary activities for 90 out of the 180 days immediately after the accident
If the evidence supports that you have sustained any one of the above types of injuries you may be entitled to compensation for pain and suffering, and other economic damages.
Pain and Suffering
Pain and suffering typically refers to the physical pain you suffered and the emotional turmoil you experienced due to your injuries. A lawyer from our firm can help evaluate the full value of your damages.
Depending upon the nature of your injuries, you may also be entitled to recover compensation for future pain and suffering that you will experience in the future or for the rest of your life.
Loss of Enjoyment of Life
Loss of enjoyment of life may apply if your injuries prevented you from engaging in daily activities that gave you pleasure. If you can no longer enjoy the hobbies you once did or your injuries alter your daily functioning, you may be entitled to receive an award for this non-economic loss.
There Are Deadlines for Filing a Car Insurance Claim
In order to recover No Fault benefits for your lost wages or medical expenses there are deadlines that you must follow. In New York, you are generally required to file your claim within 30 days after your accident.
While there are exceptions to this rule, it is important that you notify your own insurance company and consult with an attorney immediately after your accident in order to protect your rights.
Follow these simple rules if you were involved in an accident::
- Call the police
- Request medical attention
- Follow all medical advice
- Take photographs of the scene and your injuries
- Document names of any witnesses
- Do not post on social media about the accident
- Don’t give any statements to representatives of the other driver
- Don’t delay notifying your insurance company
- Call a lawyer for a free consultation to know your rights
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Deadline for Taking Legal Action Against a Liable Party
If you choose to file a personal injury lawsuit, CVP § 214 generally requires you to do so within three years of the accident. Exceptions may apply, and a lawyer from our firm can determine how much time you have to seek compensation through legal action.
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How a Lawyer from Our Firm Can Help
You have the right to legal representation whether you are filing a claim or a lawsuit. Our car accident lawyers can investigate your case and fight for a fair recovery. You may stand to recoup your lost wages, along with reduced earning capacity, medical expenses, and substantial compensation for your pain and suffering.
The lawyers at Dansker & Aspromonte Associates have been fighting for the rights of injury victims since 1988. Let us use our experience and dedication to help you get the compensation you deserve. Call us for a free consultation.
If we accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when you recover compensation.