Because pedestrians who are struck by motor vehicles are so vulnerable to serious personal injury, it is common for the injured pedestrian to miss work following the collision.
An experienced Buffalo personal injury lawyer will fully examine the issue of lost wages when a pedestrian is injured to determine whether he or she may recover wages as part of a personal injury claim.
Generally, because a pedestrian’s initial lost wages are supposed to automatically be paid through the driver’s No Fault automobile insurance, in many cases the injured person may not be able to recover this money as part of the personal injury claim because he or she has not actually lost any income.
In situations where No Fault payments do not fully replace the lost wages, however, the injured person may be able to recover these wages as personal injury damages.
Under New York Law, No Fault insurance must pay up to $2,000 per month for lost wages related to the pedestrian’s accident.
If the pedestrian’s take home pay exceeded this amount, it may be possible to claim the difference and recover it in a personal injury case.
Also, No Fault insurance only pays for lost wages for up to three years.
When a pedestrian has suffered severe injuries that keep him or her out of work for more than three years, he or she may be able to recover lost wages – including future lost wages – that were not paid by No Fault insurance.
Finally, No Fault insurance will only pay a total of $50,000 in combined medical expenses, lost wages, and household help.
If, for example, a pedestrian has a long term hospital stay, these funds may be quickly exhausted and there will be none left to pay ongoing lost wages.
In this situation, the pedestrian may seek to recover all lost wages not paid by the No Fault insurance.
If you have been struck by a car and seriously injured, it is important to understand what wages and other damages you can recover in a personal injury claim.
We would be happy to answer your questions at 585-484-7432.