There are over 6 million auto accidents reported annually, with approximately 2 million leading to permanent injuries. Injuries that occur through no fault of your own can disrupt your lifestyle and work schedule. You may have to miss a significant amount of time from work, resulting in diminished wages or lost capacity to earn.
New Jersey’s Torts law allows plaintiffs to apply for lost income as part of the compensation package. You may also be entitled to future lost earnings, depending on the specifics of your case. A local attorney can help you file your compensation claim.
Statute of Limitations
In New Jersey, You have a window of up to two years to file for compensation after you’ve sustained a personal injury, or up to a maximum of four years after the accident. However, the period may vary depending on the case.
The clock starts to run when the victim or their family knows or should have known about the injuries. If the period lapses, you’ve lost the ability to demand any compensation. A personal injury attorney Newark, NJ residents trust can help you determine the specifics that apply to your case. You would not wish to lose the right to pursue legal action against the person responsible for your injuries and lost wages.
Lost Wages vs. Diminished Capacity to Earn
A local attorney can help you sue for past and future loss of income. Lost wages represent the money you would lose as you take time from work to recover from the injuries sustained in the accident. It is usually easier to calculate, and it runs till the trial period starts or a settlement is agreed upon.
Diminished or lost earning capacity is related to the plaintiff’s ability to make a living in the future. It is more difficult to prove and may require expert witnesses to verify your claim. A personal injury law firm can help show that you, the plaintiff, were certain to earn a specific amount at work, were it not for the injuries sustained.
You can demand compensation for lost salary, bonuses, vacations, sick days, commissions, raises, and other employer benefits. As an entrepreneur, you can file a claim for lost personal income. A local attorney can help you calculate the exact amount you deserve. Minor injuries are relatively easy to calculate. Severe injuries may require seasoned lawyers to determine the compensation value.
Proving Lost Income and Capacity to Earn
The judge and jury may look at several documents to help support your claim. Some of the evidence that you can use are.
- Past check stubs
- Previous tax filings
- Bank Statements
- Employment Letter
A lost wages letter from your employer can help prove your staff position, role, salary, benefits, work performance, and entitlement to appraisals. Your physician can testify to the extent of your injuries and how they affect your ability to work. An expert economist can help predict salary trends within your industry. It may help the court understand how much you would have earned till retirement when calculating future lost earnings. A local attorney specializing in personal injury cases can help gather expert witnesses and evidence to support your claims.
If you suffer an injury due to the other party’s gross negligence, you may file for lost wages and diminished capacity to earn as part of your compensation package. The calculations may be difficult to reach, and it’s advisable to pick a local attorney to help fight for what you rightly deserve.