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 includes lost wages if the victim missed work during recovery. However, they must provide medical documentation showing they could not work due to their injuries. Though there are exceptions, most No-Fault benefits limit lost wage benefits to $2,000 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 prevent them from returning to work or affect their income. Again, they must provide 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, which count toward the $50,000 limit.
Medical expenses that may qualify for reimbursement include:
- Ambulatory care
- Emergency room care
- Hospital bills
- Surgeries
- Medication
- Doctor’s appointments
- Specialist visits
- Diagnostic testing
- Home modifications and medical equipment
- Transportation to and from the doctor
Keep all medical treatment receipts and taxi receipts and submit them when filing your claim.
You May Also Recover Lost Wages and Other Damages Not Covered by No-Fault Benefits
If your accident resulted in serious injuries, you may recover lost wages and expenses not covered by No-Fault benefits, as well as compensation for pain and suffering in a personal injury lawsuit.
In New York, a serious injury is defined as:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Permanent loss of use of a body organ, member, system, or function
- Loss of a fetus
- Permanent consequential limitation of use of a body organ, function, or system
- Any medically determined injury preventing normal activities for 90 out of 180 days post-accident
If the evidence supports any of the above injuries, you may be entitled to compensation for pain and suffering and other economic damages.
Pain and Suffering
Pain and suffering refer to the physical pain and emotional distress caused by your injuries. A lawyer can help evaluate the full value of your damages.
Loss of Enjoyment of Life
This applies if your injuries prevent you from engaging in daily activities you once enjoyed. If your injuries affect your ability to participate in hobbies or daily functions, you may receive compensation for this non-economic loss.
There Are Deadlines for Filing a Car Insurance Claim
To recover No-Fault benefits for lost wages or medical expenses, claims must be filed within 30 days of the accident.
Follow these steps if you were in an accident:
- Call the police
- Request medical attention
- Follow medical advice
- Take photographs of the scene and injuries
- Document witness names
- Avoid posting about the accident on social media
- Do not give statements to the other driver’s representatives
- Notify your insurance company promptly
- Consult a lawyer for a free consultation
Deadline for Taking Legal Action Against a Liable Party
If you choose to file a personal injury lawsuit, CVP § 214 requires you to do so within three years of the accident. Exceptions may apply, and a lawyer can determine your timeframe for legal action.
How a Lawyer Can Help
You have the right to legal representation whether filing a claim or lawsuit. Our car accident lawyers can investigate your case and fight for fair compensation.
Dansker & Aspromonte Associates LLP has been advocating for injury victims since 1988. Call us for a free consultation. If we accept your case, you won’t pay upfront—we only earn a fee if you recover compensation.
Whether dealing with injuries from a car accident, a construction accident, or a wrongful death case, our attorneys provide compassionate support.
