Recovering Lost Wages In Buffalo Personal Injury Cases.

July 12, 2013

Buffalo residents who suffer a personal injury as a result of another’s negligence can, in many cases, sue for lost wages. There are, however, some specific rules about when lost wages can be recovered.

When a person is injured in a car accident or while working, he or she usually receives compensation through his or her own auto insurance or through worker’s compensation insurance.  Because New York laws generally bar “double dipping” when seeking compensation, an injured person cannot receive payments for lost wages in the personal injury case that have already been paid through insurance or another source.  Exactly how this works, however, depends on the source of the lost wage payments.  In some cases, the source of the lost wage payments may be entitled to reimbursement out of any personal injury settlement or award.  In other cases, the negligent party simply will not have to pay for the lost wages because another source has already paid.

Unfortunately for those badly injured, rarely do payments for lost wages from other sources last forever.  As a result, the injured person may – in almost all cases – sue for any lost wages not paid by another source. This includes both future wages and loss of wages because the injured person cannot work as many hours or has to take a lower paying position as a result of his or her injuries.

Obviously, how much a person would have earned in the future had they not been injured may be heavily disputed by the parties involved. If you have such a claim, you should consult with an experienced personal injury attorney.

If you have suffered a personal injury and have questions about lost wages, please feel free to call us at 716-400-0000.