How to Prove Loss of Income in a New York City Personal Injury Case
Loss of income is one of the most significant financial burdens faced by individuals recovering from injuries sustained in accidents. In New York City personal injury cases, proving lost wages and lost earning capacity is essential to recovering fair compensation. This guide explains how to document and present evidence for a lost wages claim, whether you are a salaried employee, hourly worker, or self-employed.
Understanding Lost Wages in a Personal Injury Claim
Lost wages refer to the income you would have earned had you not been injured in an accident. This includes:
- Regular wages or salary
- Bonuses and commissions
- Sick leave and vacation time used during recovery
- Lost retirement contributions
For more serious injuries, you may also claim future lost wages and lost earning capacity if your ability to work is permanently affected.
Key Steps to Prove Lost Wages
1. Gather Documentation of Income
To claim lost wages, you must provide evidence of your income before the accident. Common documentation includes:
- Pay stubs: These show your regular wages or salary.
- Tax returns: These provide a broader view of your earnings over time, especially for self-employed individuals.
- Bank statements: These can corroborate your claims if direct deposits from your employer are recorded.
For self-employed individuals, additional documents like client invoices, profit-and-loss statements, and work contracts can help demonstrate your lost earnings.
2. Document Time Missed From Work
It is crucial to provide detailed records of the time you missed due to your injuries. This can include:
- A letter from your employer confirming your absence and noting the number of hours or days missed.
- Medical records proving the injuries sustained and your inability to work during recovery.
3. Calculate Future Lost Wages and Earning Capacity
In cases involving severe injuries, you may need to claim future lost wages or lost earning capacity. To do so:
- Use work history to estimate potential future earnings, accounting for promotions or career advancements.
- Incorporate expert testimony from medical professionals and financial experts to show how your injuries prevent you from earning at your pre-accident level.
For example, if your injury limits your ability to work in a physically demanding role, you may need to seek a lower-paying job, resulting in long-term financial losses.
Lost Wages for Self-Employed Individuals
Proving lost wages for self-employed individuals can be more complex but is equally valid. To establish your claim:
- Provide client records showing canceled contracts or missed business opportunities.
- Use previous tax returns to establish your average earnings.
- Supply invoices and receipts as evidence of income streams disrupted by the accident.
Common Challenges in Lost Wages Claims
Disputes Over Causation
Insurance companies often argue that pre-existing conditions or unrelated factors, rather than the accident, caused your inability to work. Thorough documentation, including medical experts’ reports, is crucial to counter these claims.
Self-Employment Complexity
For self-employed individuals, fluctuating income and lack of formal pay stubs can make proving lost wages more challenging. Detailed financial records and expert testimony are key to substantiating your claim.
Seeking Full Compensation
In addition to lost wages, you may be entitled to recover compensation for:
- Medical expenses, including ongoing treatment
- Future earnings impacted by your injuries
- Economic losses, such as lost retirement contributions
- Non-economic damages, such as pain and suffering
How a Personal Injury Lawyer Can Help
Proving lost wages requires thorough documentation and a clear understanding of New York law. An experienced personal injury attorney can:
- Help gather and organize evidence to support your claim
- Work with medical and financial experts to calculate future earning capacity
- Negotiate with insurance companies to secure maximum compensation
Take Action to Recover Your Lost Wages
If you’ve lost income due to an accident, don’t navigate the claims process alone. Call Greenstein & Pittari, LLP at (800) 842-8462 to schedule your free consultation. You can also reach us through our contact page. Our experienced personal injury lawyers are ready to help you recover the compensation you deserve.
FAQs About Lost Wages in NYC Personal Injury Cases
What is included in a lost wages claim?
A lost wages claim can include regular pay, bonuses, commissions, sick leave, vacation time, and retirement contributions lost during your recovery.
How do I prove future lost earning capacity?
To prove future earning capacity, you need documentation of your pre-accident earnings, expert testimony on how your injuries affect your ability to work, and financial projections for potential earnings.
Can I recover lost wages if I’m self-employed?
Yes, self-employed individuals can claim lost wages by providing tax returns, invoices, and records of canceled business opportunities as evidence.
How long do I have to file a lost wages claim in New York?
Under New York law, you generally have three years from the accident date to file a personal injury claim, but exceptions may apply. Consult an attorney for specific guidance.
What if my employer disputes my lost wages claim?
A personal injury lawyer can help resolve disputes by gathering additional evidence, such as tax records, bank statements, and expert testimony, to strengthen your case.