After suffering a debilitating injury in an accident, your entire life could be changed. In addition to the physical injuries you sustain, your injuries may be so severe that you cannot continue working. If this happens, you may lose out on wages you need to continue supporting yourself and your family.
With help from an experienced New York personal injury attorney, you can get the most out of your lost income and hold the liable party accountable.
Reach out to our team at Hecht, Kleeger & Damashek, P.C. for a free consultation today at (212) 490-5700 to learn more about what is next for your personal injury lawsuit.
After an accident, your injuries may be so severe that you can no longer continue working. This could continue temporarily until your injuries heal or permanently if you are dealing with a permanent disability. In either case, not being able to return to work means you will not be able to earn a paycheck. This could significantly impact your ability to provide for yourself and your family.
Fortunately, through no-fault insurance coverage, you may be able to recover a portion of your lost wages through personal injury protection coverage (PIP), which is designed to compensate injury victims for a loss of income and medical expenses.
Lost wages can account for various damages, some of which you may not know, including:
When you are injured in a car accident, you will generally file a claim with your own insurance company because New York is a no-fault state for auto insurance purposes. This means you are required to carry personal injury protection coverage, which will cover the costs of your medical expenses and lost wages, no matter who is responsible for causing the accident.
Under New York law, your mandatory minimum amount of auto insurance coverage for every accident is $50,000 in personal injury protection (PIP) coverage.
You may be entitled to compensation for your lost wages in other types of accidents. Although you may not be able to recover compensation through an auto insurance claim, you may be eligible for compensation through your employer’s workers’ compensation insurance provider or by filing a no-fault disability claim. To qualify, you may need a severe injury that keeps you out of work for a minimum of four weeks.
These no-fault disability benefits could compensate you for your medical expenses and a portion of your lost income. You may also receive up to $25 per day for “reasonable and necessary” expenses and up to $2,000 and death benefits where applicable.
When you are ready to move forward with a no-fault claim, your first step should be to contact an attorney. You never want to go into negotiations with the insurance company alone, as you will increase your risk of being taken advantage of or pressured into accepting less than your claim is worth.
Your attorney will then work on building a case against the liable party. Once we have a strong case, we will file a claim with the insurance company. Generally, we will have a maximum of 30 days to do this. From there, the insurance company will reach out, and your lawyer will provide them with the facts they need to continue with the processing of your claim.
After the insurance company has the answers needed to process your claim, they will likely want to negotiate for a lesser settlement. Your attorney will counteroffer and continue negotiating until a settlement offer has been reached. However, it should be noted that this will only cover a portion of your damages and loss of income. If you hope to recover maximum compensation for your lost wages and other damages, you may need to be prepared to go to court.
Having a New York personal injury attorney on your side helping you recover your lost wages in their entirety is essential. Not only will your attorney be able to help you identify all of your lost wages and related damages, but we will be able to help you go up against the insurance company, hold the liable party accountable to the fullest extent of the law, and to begin rebuilding your life after your accident.
You have the right to be compensated for your lost wages in their entirety when someone else is responsible for causing your injuries. Our experienced New York personal injury attorneys at Hecht, Kleeger & Damashek, P.C. are here to help you get through these difficult times and recover your losses in full.
Find out more about how the personal injury claims process works and the other types of damages you may be able to recover when you contact our office for a no-cost, risk-free consultation. To get started today, you can reach us by phone at (212) 490-5700 or through our quick contact form.
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