It can be physically and emotionally distressing to be in an accident. If you're injured in an accident in New York, you may find yourself not only dealing with pain and medical bills but also missing time from work. When your ability to earn a living is compromised, it's crucial to know how to make a lost wages claim to recoup some of the financial strain.

Understanding Lost Wages 

Lost wages refer to the income you've lost due to being unable to work after an accident. This isn't limited to just salaries. It can also include missed opportunities for overtime, bonuses, or even promotions that you might have received had you not been injured.

Immediate Steps to Take

• Seek Medical Attention: Your health comes first. Not only is this crucial for your well-being, but medical records will also serve as evidence to support your lost wages claim.
• Notify Your Employer: Inform your employer of the accident and the expected duration of your absence. Make sure to get this in writing, as it'll be an essential piece of documentation.

Gather the Necessary Documentation

To support your claim, you'll need to provide proof of your lost wages. This might include:

• Employment and Salary Verification: This can be a recent pay stub, an employment contract, or a letter from your employer verifying your regular working hours, pay rate, and the time you've missed.
• Medical Documentation: Obtain all relevant medical records and a doctor's note explaining the nature of your injuries, the treatment required, and the projected recovery time.
• Personal Calendar or Diary: This can help demonstrate any missed opportunities for overtime or special work events that would have led to additional income.

Consult a Personal Injury Attorney

In New York, personal injury laws can be complex. An attorney specializing in this field will be invaluable in navigating the nuances of your claim. They can:

• Evaluate Your Claim: Assess the total value of your lost wages claim, considering future lost wages if your injury leads to prolonged or permanent disability.
• Negotiate with Insurance Companies: Insurance companies might offer a settlement less than you deserve. A skilled attorney can ensure you get a fair deal.
• Guide You Through the Process: With their expertise, they can streamline the process, ensuring all paperwork is filed correctly and on time.

Filing Your Claim

If the party responsible for your accident is found liable, their insurance will typically cover your lost wages. Here's how the process generally works:

• Claim Submission: Submit your claim to the at-fault party's insurance company. Include all necessary documentation and a detailed letter outlining the nature of your claim.
• Negotiation: The insurance company will review your claim and either approve, deny, or propose a counteroffer. Your attorney will handle negotiations to ensure you receive a fair settlement.
• Lawsuit: If negotiations don't yield a satisfactory result, you might need to file a lawsuit. Your attorney will guide you through this.

Know the Statute of Limitations

The personal injury claims statute of limitations in New York is three years starting from the date of the accident. This means you have a limited window to file your claim. Don't take your time; begin the process as soon as possible to ensure you get all the compensation.

Considerations for Self-Employed Individuals

If you're self-employed, claiming lost wages can be trickier, but it's not impossible. Maintain thorough records of your business activities, contracts, and any projects you had to delay or cancel due to your injuries. This will serve as proof of your lost income.

Conclusion

Accidents can disrupt your life in more ways than one. While the journey to recovery might be long, ensuring you're adequately compensated for lost wages is a step towards easing the financial burden. Armed with the right information and a dedicated attorney by your side, you can navigate the intricacies of the New York legal system and get the compensation you deserve. Remember, every situation is unique, so always consult with professionals to ensure you make the right decisions for your specific circumstances.

Help with a New York Personal Injury Claim

If you’ve been injured due to another party’s negligence or reckless behavior, you should not be left responsible to pay for your medical bills, lost income and other damages. At Brandon J. Broderick, Attorney at Law, our compassionate attorneys will pursue your best interests and aggressively pursue your claim. We have decades of experience in car and truck accidents, slip and falls, injury accidents and employment law.

Contact us today for a free consultation. Our clients tell us they feel a sense of relief once they make that first phone call. We work on a contingency basis, which means we only collect a fee if you win your claim. Get in touch with us.