If you were injured in a car accident and had to miss work as a result, you may be able to recover for any losses sustained. Under New York State law, a person may be able to recover for lost income and any other missed income opportunities as a result.
Recovery through No-Fault
New York’s No-Fault law was implemented to pay for medical costs and lost wages for someone who has been injured in a car accident no matter who is at fault. The No-Fault process is designed to expedite the process of receiving your compensation, but without proper paperwork, the process can become longer, or not be available at all.
To be eligible for no-fault benefits, you first have to submit an application for benefits within 30 days of the injury. In order to receive lost wages as part of the no-fault process you will need to also send the insurance company proof of employment by submitting a wage verification form. If you are self-employed, the insurance company will require you to also submit tax returns from the previous years. When submitting the wage verification form, you will also have to provide proof from a doctor that you are unable to work because of the accident.
If you are found to be eligible for no-fault benefits, the insurance company will pay 80% of your income or $2,000 a month, whichever is less. While No-Fault may cover some wages, there is a limit to the amount of benefits you may receive. No-Fault benefits only extend to the first $50,000 of medical bills and lost wages. If you are being treated for your injuries during this time, the policy can exhaust fairly quickly causing you to seek reimbursement elsewhere.
Recovery through Personal Injury Lawsuit
If your No-Fault policy is exhausted, you may seek other outlets to help you get by day-to-day. One option may be to file a personal injury lawsuit and claim lost wages as part of your damages. A personal injury lawsuit is a lawsuit against the other driver that caused your injuries. In a personal injury lawsuit you will be required to prove that your injuries meet New York State’s “serious injury” threshold. In some cases, this may be difficult to prove. If you are seeking to commence a personal injury lawsuit, you should seek help from an attorney experienced in personal injury actions as soon as possible. Failing to gather the necessary evidence can result in you losing out on valuable opportunities to prove your case.
In order to assure you receive the lost wages you deserve it is important to contact an attorney experienced in personal injury matters as soon as possible. As mentioned above, failure to provide the necessary paperwork within as little as 30 days can result in you forfeiting benefits through No-Fault. The attorneys at McGuire, Peláez & Bennet, PC, will work to ensure you receive the compensation you deserve. For more information about our firm or to schedule a consultation, call our office at 631-348-1702 or fill out our contact form.
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