Can I Be Reimbursed for Lost Wages After a Car Accident in NY?

Car crash injuries in the Bronx, NY, can temporarily or permanently disable you from working. Regardless of the job you work, broken bones, strained muscles, or herniated discs can affect your ability to lift, walk, or even sit. More importantly, your doctor may prescribe light duty or even an absence from work while you recuperate.

As a result, you may lose significant income due to missed work. And even after your injuries begin to mend, you may still need time off for follow-up treatment, physical therapy, and examinations. Fortunately, your compensation after a car accident can include lost earnings.

How Oresky & Associates, PLLC Can Help After a Car Accident in the Bronx

Oresky & Associates, PLLC was established over 30 years ago and, over that time, has recovered over $400 million in injury compensation for its clients. Our Bronx car accident attorneys have over six decades of combined experience representing accident victims against at-fault parties and their insurers.

Our personal injury law firm’s attorneys have won many large verdicts and settlements for car accident victims, including:

• A $3.45 million settlement for a pedestrian with leg and shoulder injuries that required multiple surgeries
• A $1.2 million award for the family of a man killed in a hit-and-run car accident
• A $998,000 settlement for a passenger seriously injured in a car accident

We can help by:

• Fully investigating your accident and the extent of your damages
• Demanding fair compensation and negotiating a settlement on your behalf
• Filing a lawsuit against the at-fault party if needed

Car accident injuries can leave you with mountains of medical bills and no income to pay them. Contact Oresky & Associates, PLLC, in the Bronx, New York, for a free consultation at (718) 993-9999 to discuss the compensation you can seek for your injuries after a car accident.

The Bronx Car Accident Statistics

A search of the NYC Open Data portal shows 12,176 traffic accidents in The Bronx in 2022. Of these, 4,342 accidents caused at least one injury. In total, 5,787 people suffered an injury. This number included 1,178 pedestrians, 407 cyclists, and 4,202 motor vehicle occupants.

Using these numbers, 36% of Bronx traffic crashes in 2022 caused an injury. But not all of these injuries led to an injury claim. Some of these injuries were minor and did not require time off from work.

The amount of time off that someone needs after a car accident will vary based on:

• The severity of the injury
• The work you do
• Your doctor’s recommendations

At best, you can assume up to 5,787 people could have sought reimbursement for lost wages after their accidents. Read more statistics here.

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An Overview of When You Can Be Reimbursed for Lost Wages After a Car Accident

New York has a no-fault car insurance system. As a result, almost every accident victim will have a source of compensation for at least earnings losses.

Under the no-fault system, every vehicle owner in New York must buy $50,000 in personal injury protection (PIP) coverage. After a crash, the occupants of each vehicle seek injury compensation from the policy that covered the car they were in. Specifically, the PIP policy for a vehicle covers:

• The driver of the vehicle
• Any passengers in the vehicle
• Pedestrians and cyclists struck by the vehicle

PIP coverage pays for basic economic losses. Under New York law, PIP must cover all of your medical expenses. It must also reimburse up to $2,000 per month in lost earnings for up to three years after the accident.

PIP benefits get paid without regard to the fault for the accident. Thus, PIP guarantees that accident victims and at-fault drivers alike receive basic compensation after a car crash, including lost wages.

Car Accident Claims

In exchange for these guaranteed benefits, New York law bars car accident lawsuits except in narrow circumstances. But with the cost of medical care and the time you might need away from work, $50,000 in PIP benefits might not cover all your losses.

Recognizing this, New York law allows you to pursue an injury claim against the at-fault driver if you’ve sustained a serious injury or if your damages exceed your PIP benefits (in most cases). As part of this claim, you can receive compensation for:

• Unreimbursed economic losses from any injury
• Unreimbursed non-economic losses

Non-economic losses can include losses such as pain and suffering as well as emotional distress.

Serious injuries include:

• Fatal injury
• Dismemberment
• Significant disfigurement
• Bone fracture
• Loss of a fetus
• A permanently disabled organ, body member, or system
• A significant limitation of a body function
• A non-permanent injury that substantially disabled you for at least 90 out of the 180 days after the accident

To pursue these claims, you must prove the other driver acted negligently in causing your injuries.

Overall, everyone with PIP coverage receives reimbursement for at least some of their lost wages after a car accident in New York. But if your PIP benefits do not cover your wage losses or you suffered a serious injury, you may be able to pursue a claim against a negligent driver for the rest of your lost wages.