It could happen to anybody. You are accidentally and suddenly injured because another party was negligent – a driver, for instance, or a store or restaurant – and you have to be out of work for weeks or maybe even months. A Rochester personal injury attorney can help.
Your bills do not stop when you’re injured. Moreover, you’ll now have medical bills along with your routine monthly obligations. If you can’t work because someone else injured you, can you receive reimbursement for the wages you lose? What measures will you need to take?
If you’ll keep reading, you will learn what to do about recovering your lost wages after someone else has injured you in the state of New York. Additionally, you will find out more about your rights if you are an injured victim of another person’s negligence in this state.
The injured victims of negligence are entitled by state law to reimbursement for their injury-related current and projected medical expenses, current, and future lost wages, pain, suffering, and the other losses arising from your accident and personal injury.
What is the First Step to Take if Someone Else Injures You?
You have two distinct priorities if you are abruptly injured because another person was negligent. The first step is to seek medical attention immediately – no exceptions. Especially after a traffic collision, obtain a medical examination at once – whether or not you feel injured.
Sudden accidents usually make the adrenaline flow throughout the body and adrenaline masks pain. Serious injuries may be latent or hard-to-find at first. Get a comprehensive medical exam.
If you don’t see a healthcare professional directly following an accident, after a few days you may have to deal with a dangerous medical situation. You might feel great at first, but it is imperative to have a medical examination within 24 hours of an accident. No exceptions.
What’s the Second Step You Should Take?
Here in New York, to obtain reimbursement for your lost wages after an injury caused by negligence, you must be represented and advised by an attorney with extensive personal injury experience.
Job-related accidents that cause injuries are dealt with somewhat differently. You can’t file a claim against your employer for personal injury, but you will likely be eligible for workers’ comp benefits.
Even when an injury is work-related, your two top priorities remain the same. Obtain medical treatment and then get some good legal advice. A New York injury attorney can lead you through the workers’ comp system or help you file a personal injury claim.
What Happens When You File a Personal Injury Claim?
Your case is unique. When you first meet with a personal injury lawyer, you will get personalized advice. If you were in fact injured by another person who was negligent, your lawyer may suggest taking legal action by filing an injury claim.
After you do that, your lawyer will try to achieve a negotiated settlement that will compensate you for lost wages, healthcare expenses, and other losses related to your injury. Personal injury attorneys are experienced negotiators who regularly negotiate settlements on behalf of clients.
The majority of personal injury claims in New York are settled privately and out-of-court. However, when no acceptable offer is forthcoming in the negotiations, your lawyer may recommend going to court and asking jurors to order the payment of your compensation.
After an Injury, How Should You Handle the Insurance Company?
Make no statement to an insurance company if another person’s negligence injured you. After a traffic collision, you will have to notify your own auto insurance company that a crash has happened, but do not provide details. Let your attorney do the talking and negotiating for you.
Don’t take an insurance company’s first offer to settle – even if you’re under financial pressure. The first settlement offers invariably are “lowball” offers. Your injury attorney can almost certainly negotiate a better settlement on your behalf.
If you temporarily cannot work after an injury, whatever you obtain through a jury verdict or through a negotiated settlement should compensate your medical costs as well as the total wages that you would have made had you been working.
What About Wages That You’re Unable to Earn in the Future?
Your injury attorney may need your bank statements and tax returns – or a letter from whoever you work for – to verify the exact total of the wages that you’ve lost because of your injury.
If the result of your injury is a permanent or long-term disability, you should also be compensated for your projected future lost wages or lost “earning capacity.” Losing your ability to work and earn a livelihood is a priority consideration after a disastrous injury.
The victims of traumatic brain injuries, severe spinal cord injuries, and other victims who sustain catastrophic injuries often entirely lose their ability to work.
When a disabling injury forces a working person to leave the workforce ten years before retirement age, if that person earns $50,000 a year, his or her lost earning capacity will be valued at or above $500,000.
What Else Will a Personal Injury Lawyer Do on a Client’s Behalf?
If you’re an injured negligence victim, to win the compensation that you are entitled to by New York law, your personal injury lawyer may seek help from a financial expert and/or a medical authority. Expert statements or testimony can make a difference in personal injury cases.
An experienced New York personal injury lawyer will review every detail of your legal situation and will advocate aggressively for justice – and for the maximum compensation amount available.
If you cannot work because you are injured – permanently or temporarily – take no chances. Obtain medical treatment at once after a vehicle crash or any accident that results in a personal injury or injuries in the greater Rochester area.
When Should You Speak to an Injury Attorney?
After a medical exam, immediately arrange to consult an experienced Rochester personal injury attorney. An attorney will review the case and explain your legal options and your rights – which may include pursuing a personal injury claim to cover your medical bills and lost wages.
Forget the statute of limitations – three years in New York for injury claims. You need to act as quickly as you can.
If you are injured in the state of New York because someone else was negligent, compensation for your lost earnings is your right. Of course, you must pick up the phone – or reach out online – and contact a reliable personal injury lawyer. That’s not only your right. It’s the right thing to do.