If you’ve been in a car accident and had to miss work because of your injuries, you might be wondering if you can get money back for those lost wages. The simple answer is yes, you can sue for lost wages after a car accident. However, it’s important to understand that there’s more to this process than just filing a claim.
You’ll need to gather the right evidence, understand the legal steps involved, and possibly seek the help of a lawyer to ensure you get fair compensation.
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What Are Lost Wages in a Car Accident Claim?
Lost wages refer to the income you would have earned if the accident had not happened, including regular wages or salary, overtime pay, bonuses and commissions, self-employment income, and paid time off (PTO) or sick leave used due to the accident.
Additionally, loss of future earning potential can occur if injuries prevent long-term work, making it binding to seek compensation as these losses can add up quickly.
How Do You Prove Lost Wages After a Car Accident?
To successfully sue for lost wages, you need strong evidence, including pay stubs and tax returns to show your income before the accident and determine lost wages. An employer statement confirming missed work time and lost income, medical records proving injuries prevented work, and a doctor’s note confirming your condition are also essential.
For self-employed workers, invoices, contracts, business records, or past tax returns may be necessary to prove lost income, all of which help build a solid claim.
How to Calculate Lost Wages
Calculating lost wages can be complex, especially if you’re self-employed or have a variable income. A competent Cherry Hill injury attorney, such as from rosengardlawgroup.com, can help you calculate your lost wages and build a strong case. You can also visit their office for an evaluation. They can help ensure you have all the necessary documentation to build a strong claim. A legal professional can help ensure you seek the full amount you are owed.
Who Pays for Lost Wages in a Car Accident?
The source of compensation for lost wages depends on factors like fault and insurance coverage. Possible sources include Personal Injury Protection (PIP) insurance, which may cover lost wages in New Jersey, regardless of fault. The at-fault driver’s insurance should also cover lost wages as part of an injury claim.
Additionally, employer-provided disability insurance or filing a lawsuit against the at-fault driver may be necessary to recover lost wages not fully covered by insurance.
No-Fault Insurance in New Jersey
New Jersey operates under a no-fault insurance system. This means that after a car accident, your own insurance policy’s Personal Injury Protection (PIP) coverage is primarily responsible for your medical expenses and a portion of your lost wages, regardless of who was at fault. PIP coverage typically provides up to 85% of lost income, with a maximum limit of $5,200 per year.
How Long Do You Have to File a Lost Wages Claim?
In New Jersey, there is a time limit for filing a claim for lost wages. This is called the statute of limitations. You generally have two years from the date of the accident to file a lawsuit for personal injury, including lost wages. If you miss this deadline, you may lose your right to compensation.
However, insurance claims often have shorter deadlines, so it’s best to act quickly. Consulting an experienced NJ injury attorney can ensure you don’t miss important filing dates.
What If You Were Partially at Fault for the Accident?
New Jersey follows a modified comparative negligence rule, often referred to as the 51% Bar Rule. Under this rule, an injured party can recover damages only if they are less than 51% at fault for the accident. If a plaintiff is found to be 51% or more responsible, they are barred from receiving any compensation. For instance, if you were 20% at fault and your total damages amounted to $10,000, you would be entitled to $8,000 after a 20% reduction.
The statutory basis for comparative negligence in New Jersey is outlined in NJSA 2A:15-5.2. This statute provides the legal foundation for apportioning fault and adjusting damages based on each party’s responsibility.
In New Jersey, comparative negligence significantly influences personal injury cases, allocating compensation when multiple parties share fault. The landmark case Blazovic v. Andrich explains this doctrine, where the plaintiff sued multiple defendants after a restaurant parking lot altercation. The jury attributed fault at 30% to the plaintiff, 60% to individuals, and 10% to the restaurant, demonstrating how comparative negligence affects compensation.
What are the Challenges in Recovering Lost Wages
Recovering lost wages can be challenging due to various obstacles, including disputes over fault, which can delay or complicate claims, emphasizing the need for strong evidence like police reports and witness statements. Insurance companies may also employ tactics to minimize payouts, arguing that injuries aren’t severe enough or that you could have returned to work sooner.
Furthermore, lacking proper documentation, especially for self-employed individuals or those with irregular hours, can make it difficult to prove lost wages, highlighting the importance of careful record-keeping.
Final Thoughts
If you’ve been in a car accident and lost income due to your injuries, you have the right to seek compensation. Proving lost wages requires strong evidence, and working with an experienced lawyer can help you guide the legal process. Whether through an insurance claim or a lawsuit, you should not have to suffer financially because of an accident that wasn’t your fault.
