Lost wages are generally an element of damages recoverable from the defendant if the defendant is found to be at fault for the accident. Lost wages are not the same as loss or reduction of future earnings. The plaintiff has the burden of proving to the court or jury the loss of wages that he or she has suffered as a direct result of the defendant's wrongdoing.
In some states, if you have lost wages as a result of an automobile accident, you have a right to collect from your own personal injury protection insurance, or PIP, for a certain percentage of your wages up to the cap specified in your policy. If you have chosen a policy that includes a deductible, the amount of the deductible will be subtracted from the sum you are eligible to collect. Your insurance company is obligated to reimburse you for lost wages even if you caused the accident in which you were temporarily disabled. You may have a right to recover lost wages not reimbursed under your insurance plan from the person who caused the accident. If you have additional health insurance, it is important that you make certain to receive lost wages from your no-fault insurance, or PIP, carrier. If you submit medical bills, rather than your lost wages, to your no-fault carrier, those medical bills will be paid first and you will lose the ability to claim lost wages if the insurance cap is met by the medical bills. For more information about recovering lost wages after an injury, contact a qualified personal injury law attorney.
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