When Can You Sue For Lost Wages In The Buffalo Area Following An Accident That Caused Serious Injuries

by Friedman & Ranzenhofer, PC on October 8, 2014

in Buffalo Car Accidents

Many Buffalo residents are already struggling to support themselves under tough economic conditions. When a serious injury after an accident renders someone unable to work, that person’s ability to provide for themselves and their family may be severely impacted. In most cases, someone who is injured as a result of another person’s negligence can pursue lost wages as part of his or her personal injury claim. There are, however, some specific rules regarding when lost wages can be recovered.

The most common limitation on recovery of lost wages occurs when a person is injured in a motor vehicle accident. Under New York’s No Fault law, most injured motorists who cannot work receive compensation for at least part of their lost wages through their own automobile insurance. Because these lost wages have already been paid, the injured person is not allowed to “double dip” and receive damages from the defendant for the same lost wages.

For car accident cases, lost wages cannot actually be recovered from the defendant unless the combined lost wages and medical bills paid by the injured person’s own insurance exceeds $50,000.

If a person suffers injuries that result in long term inability to work, he or she may sue not only for past lost wages, but also for future lost wages based on what his or her earnings would have been. Successfully doing so, however, often requires the injured person to hire an expert who can look at variables such as the person’s work history and age, the likely rate of inflation and likely pay increases to arrive at a number for future losses that is not mere speculation.

If you have suffered a personal injury and need legal help, we can answer your questions at 716-631-9999.

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