You have the right to file a personal injury claim for damages after you are injured in a car accident. Examples of the compensation you can recover include amounts for medical expenses, lost wages and pain and suffering. These are called your damages.
Some types of damages, such as medical expenses, are more straightforward to prove. You can generally submit receipts or medical bills to prove your medical expenses.
Lost wages versus future earning capacity
But proving lost wages can be more challenging. You can potentially receive compensation for current and future earning capacity.
Lost wages are the amount of money you lose because you cannot work while you are recovering from your accident. But sometimes car accident injuries can impact you for the rest of your life.
What if you worked a physical job and are no longer able to perform your duties? Injuries could even affect your future earning capacity in a non-physical job. Perhaps you can no longer perform certain office duties, such as typing or sitting in a chair for too long.
Additionally, you might have a career that involves many in-person interactions with clients or customers. If you suffer temporary or permanent disfigurement or are in a wheelchair, it is natural to worry about how this could affect your career.
Medical evidence
Although you can claim lost wages and future earning capacity, you must back up your claim with evidence. You will typically need medical evidence and financial documentation to prove your claims.
Focus on gathering the medical evidence first. You must prove that your injuries prevented you from returning to work and/or that you are legitimately unable to work in the same capacity as before the accident.
The best way to do this is through an expert medical opinion. Obtain a thorough evaluation from a doctor who can write a report detailing your injuries and how they impact your current and future abilities to work. If your case goes to trial, the doctor will usually need to attend to testify about their report.
Financial evidence
Once you have established your medical evidence, you must prove your numbers. When it comes to lost wages, you need documents such as pay stubs, W-2 documents, tax forms and bank statements to show the income you lost while you could not work.
Proving earning capacity is more difficult because you usually do not have straightforward documentation. Much of the evidence when it comes to earning capacity is based on an analysis of various factors.
Some of these factors include your age, the type of job you performed and any predicted future raises or promotions you would likely have received. Testimony from you or your colleagues or business partners can help prove these factors.
New Jersey’s no-fault law
Since New Jersey is a no-fault insurance state, your insurance company will likely cover your lost wages through your policy. However, many times this is not enough and you must file a personal injury claim against the other driver to receive full compensation for all your losses. Knowing how to prove your case in this situation is crucial.
