Understanding Lost Wages In New York Slip-And-Fall Accident Claims
Every slip-and-fall accident is different, and any claim for damages must accurately account for a victim’s outstanding losses and anticipated longer-term expenses.
The most common types of damages awarded in slip-and-fall claims include the following:
- Hospital bills;
- Anticipated medical care;
- Physical rehabilitation;
- Lost income from work; and
- Diminished earning potential.
In very simple cases, assessing certain damages is straightforward and requires little more than income verification and a series of calculations.
More serious slip-and-fall accidents sometimes keep victims out of the workforce for longer than they would expect. If the severity of an injury makes returning to regular employment more of an aspiration than an expectation, reaching an agreement—with an insurance company, or the court—on what constitutes “reasonable” compensation could prove much more difficult.
Calculating Lost Wages After Being Injured In An Accident
In general, lost wages are assessed through the use of a simple multiplier: the number of days that you missed work multiplied by the amount of money you would have otherwise earned.
Assessing Your Anticipated Losses
If your slip-and-fall accident caused serious injuries—a disabling fracture, or a traumatic brain injury—you may not be able to return to work any time in the foreseeable future.
Although New York state does permit personal injury claimants to request damages for future lost wages, the exact amount of money you could receive in compensation depends on a confluence of different factors. These include, but are not limited to, the following:
- Your age;
- Your level of education;
- Your current job;
- Your skills; and
- Your expected career trajectory.
Outside of these factors, your damages could also be limited by any benefits you expect to receive from your health insurance or pension.
Obtaining Evidence To Support Your Personal Injury Lawsuit
Lost wages are a standard component of most personal injury claims.
However, if your slip-and-fall accident is expected to keep you away from work for more than a few days or several weeks, you should expect the insurance company to try and minimize its losses by challenging your calculations.
Your attorney will help you substantiate your request using evidence that could include any of the following:
- Your pay stubs;
- Bank statements that show self-employment income or other deposits;
- Testimony from an expert medical witness to explain the severity of your injuries, and how long it might take for you to recover and return to work; and
- Testimony from an expert economist to clarify how being kept out of the workforce could impact the impact earning potential of somebody in your field and with a similar level of experience and education.
Contact An Experienced New York Slip-And-Fall Lawyer Today
Your lost wages and lost income from work are a single component of your claim: depending on the severity of your injuries and the circumstances of your accident, you could be entitled to more compensation for a greater variety of damages.
Please send the Dietrich Law Firm P.C. a message online, or call us at 716-839-3939 to schedule your 100% free consultation with a New York slip-and-fall accident lawyer and find out how much your case could be worth.