How to Recover Lost Wages After an Accident
To recover the value of lost wages after an accident in New Jersey, you must document all of your missed hours with evidence and submit it, alongside a doctor’s note and a letter from your employer to an insurance company. You may be eligible for financial compensation to recover lost wages, tips, future capacity to earn, and more. Make sure to speak with an experienced car accident lawyer in New Jersey for legal guidance.
What Are Lost Wages in a Personal Injury Claim?
In New Jersey, an individual can file a personal injury claim to be made whole again after another person or party causes a harmful accident. The civil courts or an insurance carrier will award financial compensation (also known as damages) to make up for the victim’s related costs and losses, including medical bills, property damage, pain and suffering, and lost wages.
What Do Lost Wages Include?
“Lost wages” is a category of economic damages that can encompass many perks, benefits and financial gains connected to an individual’s employment. If an accident or injury takes you out of work for more than a week, you can generally seek lost wage recovery for losses such as:
- Hourly wages or salary for work missed
- Overtime pay
- Bonuses
- Tips or commission
- Lost sick days or vacation time
- Special projects
In addition to lost wages, you may also be eligible for compensation for lost productivity, likely promotions or raises that would have happened during your recovery time, lost career opportunities, and – in cases involving long-term or permanent disability, lost capacity to earn.
What Is Lost Future Capacity to Earn?
“Capacity to earn” damages in a personal injury claim refer to financial compensation that can be awarded for future foreseeable lost wages that come with the reality of living with a catastrophic or lifelong injury.
If an injury is severe enough to take you out of work, either temporarily or permanently, these losses need to be included in your claim or lawsuit. Calculate the value of either your diminished ability to earn (based on returning to work at partial capacity) or full lost wages if you are entirely unable to earn a living due to your disability.
How to File a Lost Wage Claim in New Jersey
New Jersey is a “choice” no-fault state, meaning you will initially seek lost wage recovery from your own car insurance provider after an automobile accident. File a claim for personal injury protection coverage with your own insurer. This type of settlement allows for lost wage reimbursement.
If you are injured in another type of incident, lost wage damages may be recovered through workers’ compensation, disability insurance or programs, or a personal injury claim against the at-fault party. You can often initiate your claim by submitting a demand letter where you ask for a specific settlement amount, including compensation for your lost wages, from the insurer.
How to Prove Lost Wages
To receive a fair and full amount in lost wage damages as a personal injury plaintiff in New Jersey, you will need to submit compelling evidence alongside your demand letter. This typically includes medical documentation, a note from your doctor confirming that you are unable to return to work at full capacity, wage and financial statements for proof of income, and a letter from your employer confirming lost wages.
You may need experts to help you calculate and prove what a fair value is in lost wage recovery. Medical and economic experts can help establish the actual cost of your losses. Hiring an experienced personal injury attorney in New Jersey is the most effective way to seek and secure the financial compensation you deserve for lost wages and future capacity to earn after an accident.