Can I Be Compensated for Lost Income After a NYC Car Accident?

An experienced Bronx attorney can fight for your rights

Getting into a car accident can turn your entire life upside down in an instant, especially when it leaves you injured and unable to work. Unfortunately, bills don’t stop just because you’re stuck at home or in the hospital, and lost paychecks can quickly make an already stressful situation feel overwhelming. If you’re in this position, you’re not alone – and you have legal options.

New York law allows car accident victims to recover compensation for lost wages, but the process isn’t always straightforward. From strict deadlines to confusing paperwork, it’s easy to feel stuck. But you don’t have to deal with this alone.

At Giampa Law, we help injured New Yorkers fight for the full financial recovery they deserve. Whether your injuries have kept you out of work for a few weeks or you’re facing a long-term disability, we can help you understand your rights and take the right steps toward getting compensated for your lost income.

What is lost income?

Lost income refers to the money you would have earned if the car accident hadn’t disrupted your ability to work. It’s one of the most important forms of compensation available to accident victims, especially when injuries keep you off the job for days, weeks, or even months. For many people in New York City, missing just one paycheck can have serious financial consequences. After a car accident, lost income can include:

Missed wages during recovery: If you had to take time off to recover from your injuries, attend medical appointments, or deal with the aftermath of the crash, you may be entitled to compensation for the paychecks you missed during that time.
Reduced hours or modified duties: Even if you’re able to return to work, you might not be able to perform your full job responsibilities right away. If your injuries force you to take on lighter duties or fewer hours, you can claim the difference between what you used to earn and what you’re earning now.
Lost bonuses, tips, or commissions: Many NYC workers rely on more than just hourly wages. If you’re in a job where performance-based pay is a big part of your income, like sales or service industry roles, those lost earnings can also be factored into your claim.
Future lost earnings or loss of earning capacity: If your injuries result in long-term disability or make it impossible to return to your previous career, you may also be eligible for compensation for future income you would have earned. This is known as loss of earning capacity.

Who pays for my lost income?

If you’ve lost income after a car accident in New York, you may be wondering who’s responsible for covering those losses. In most cases, there are a few ways you can be compensated:

Your own insurance (no-fault or PIP coverage): New York is a no-fault state, which means your own car insurance helps pay for your basic expenses, no matter who caused the crash. This includes part of your lost income. However, this often isn’t enough, especially if you have higher earnings or are out of work for an extended period.
The other driver’s insurance: If the accident caused serious injuries, you may be able to file a claim against the at-fault driver’s insurance. This can help you recover the full amount of lost income, including future lost wages, if you’re unable to return to work or have to take a lower-paying job because of your injuries.
A personal injury lawsuit: When insurance doesn’t cover all your losses or denies your claim, you may need to file a lawsuit. This legal action can help you pursue full compensation, including all your lost income and other damages like medical bills and pain and suffering.

Knowing which path to take isn’t always simple. An experienced NYC car accident lawyer can guide you through the process, prove your lost income and make sure it’s fully documented, and help you get the money you deserve.

What if my lost income exceeds my PIP coverage?

If your lost income exceeds the limits of your PIP coverage, or if you suffer a “serious injury” as defined by New York law, you may be eligible to file a claim against the at-fault driver’s insurance. Serious injuries include:

Significant disfigurement
Bone fractures
Permanent loss of a body organ or limb
Significant limitation of the use of a body function or system
Substantial disability or limitations of daily activities for at least 90 days

How to prove lost income

To get compensated for lost income, you’ll need to show proof that your injuries kept you from working and what that time off has cost you financially. The more documentation you have, the stronger your claim will be. Some key pieces of evidence that can help include:

Doctor’s notes and medical records: These show that your injuries were serious enough to prevent you from working. A doctor’s written recommendation for time off is especially important. Medical records can also show the extent of your injuries and how they’ve impacted your ability to do your job.
Pay stubs and tax records: You’ll need to show what you were earning before the accident. Pay stubs, direct deposit records, and tax returns can all help prove your regular income. If you earn bonuses, commissions, or work hourly, these documents help paint a full picture of your losses.
A letter from your employer: Your employer can provide a letter confirming your job title, salary, work schedule, and how much time you missed due to the accident. This helps verify the accuracy of your claim and shows the impact of your injury on your job.
Expert testimony (in some cases): If your injuries are long-term or prevent you from returning to your previous job, a medical expert or other professional may be needed to estimate your future lost income or reduced earning capacity.

Even if you’re self-employed or work freelance, you can still prove lost income using business records, client contracts, invoices, or previous tax filings. It may take more documentation, but you still have the right to be compensated. An attorney can help you gather and organize all this information, so nothing is overlooked.

Let us help you get the compensation you deserve

Losing income after a car accident isn’t just stressful; it can quickly lead to financial hardship. When you’re trying to recover from your injuries, the last thing you should be worrying about is how you’ll pay your bills and keep food on the table. At Giampa Law, we understand what’s at stake, and we’re here to fight for the full compensation you deserve.

Our experienced NYC car accident attorneys know how to deal with insurance companies that try to minimize or deny your lost income. We’ll gather the right evidence, calculate the full value of your losses, and handle every part of your case, so you can focus on healing.

Whether your claim was underpaid, denied, or you’re just not sure what steps to take next, we’re ready to stand up for you. Contact us today for a free consultation. Let us help you protect your future.

“Whenever I need a lawyer, I wouldn’t hesitate to use The Giampa Law Firm. They always exceed my expectations. And works hard to resolve all my issues. I would recommend them to my friends and family. And to anyone that needs a super lawyer.” – Darrell J., ⭐⭐⭐⭐⭐

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