If you are involved in a car crash while traveling in New York, you may be entitled to damages from the party who caused it. In most cases, the defendant will be the driver of the car that collided with yours. Among the damages that you may be able to obtain are wages lost while seeking treatment for or recovering from accident injuries.
Determining negligence
To obtain compensation for lost wages in a car accident case, you must first show that the defendant acted in a negligent manner. This means that the other driver took actions that violated that motorist’s duty of care toward you. Furthermore, you must have suffered some sort of financial loss directly caused by the defendant’s actions. For example, you went to the hospital after a car accident to treat a head injury incurred in the wreck and incurred medical bills.
Determining the extent of your award
The amount that you’re entitled to will depend on factors such as whether you are an hourly or salaried worker. To calculate lost wages as an hourly worker, simply multiply the number of hours that your injury caused you to miss by your hourly wage. Salaried workers would receive whatever percentage of a pay period was missed because of the injury. For example, assume that you made $1,000 every two weeks. If you miss one week of work, you’ll likely be entitled to $500 in lost wages.
Typically, car accident cases are resolved through informal talks outside of a courtroom. However, if necessary, you have the right to file a formal lawsuit. A lawsuit must typically be filed within two years of the date of your accident. Exceptions may be made if you were a minor when the crash occurred or if you weren’t mentally fit to file within 24 months.