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Facing the aftermath of a personal injury can be overwhelming. Not only may you be dealing with physical pain and emotional distress, but you might also be watching medical expenses and a lack of income continue to mount up.
At times like these, it is natural to feel lost and uncertain about how to move forward. But there is hope: With the right legal team on your side, you can recover financially.
Let’s explore how the right personal injury lawyer can help you recover both medical expenses and lost wages.
What Are Medical Expenses in a Personal Injury Case?
In life, unexpected accidents or incidents can happen to us at any time, leaving us both physically injured and facing overwhelming medical expenses.
In 2022, there were 69,200 non-fatal workplace injuries and illnesses in New Jersey. The year before, 248,962 traffic crashes were reported. In that same year, more than 6.9 million individuals across the US were treated for fall-related injuries.
Whether the cause of your injury is a slip-and-fall, a car accident, or something else, the aftermath can be daunting, especially when dealing with medical expenses.
Medical expenses are the costs associated with treatment you may receive after being hurt by someone else’s actions.
Examples of medical expenses are:
- Costs associated with emergency room treatment
- Fees charged by physicians, specialists, surgeons, and other healthcare providers
- The cost of follow-up appointments and ongoing medical care
- Medication costs
- Transportation fees to and from medical appointments
- The cost of assistive devices and medical equipment
- Costs for ongoing medical treatment, rehabilitation services, and therapy
The Role of a Lawyer in Recovering Medical Expenses
In a personal injury case, an at-fault party may be held liable for compensating an injured person for any medical expenses incurred as a direct result of the injury.
Can a personal injury lawyer help you recover medical expenses? The answer is a resounding “yes!” Here is what your personal injury team can do for you.
Investigation and gathering evidence
Once you have decided to proceed with a personal injury claim, your lawyer will investigate the circumstances surrounding your injury.
This process may involve gathering evidence such as:
- Medical records
- Accident reports
- Witness statements
- Any other documentation that supports your claim
The goal is to build a strong case that clearly demonstrates the other party’s negligence and the extent of your injuries.
Negotiation with insurance companies
If you do not have a lawyer, insurance adjusters may take advantage of your lack of legal knowledge. An insurer may offer a settlement that does not fully compensate you for your financial losses.
Additionally, an insurance adjuster may use information you provide against you to dispute or deny your claim. He or she may ask leading questions or pressure you into admitting fault or downplaying the extent of your injuries.
Determining the full extent of your lost wages and other damages requires a thorough understanding of the law and accurately assessing the long-term impact of your injuries on your earning capacity.
Hiring an injury lawyer gives you a better chance of recovering your medical expenses. He or she can protect your rights, preventing insurance adjusters from using deceptive tactics or unfair practices to undermine your claim.
If a fair settlement cannot be reached through negotiation, your legal team can take your case to court. Litigation may also be necessary if the other party disputes liability or the extent of your injuries.
Recovering medical expenses is just one aspect of your personal injury claim. Your lawyer will also seek compensation for other damages, such as lost wages.
Recovering Lost Wages After an Injury
Lost wage damages in a personal injury lawsuit compensate an individual who is injured due to someone else’s negligence or wrongdoing. These damages consider the wages or salary the injured person would have earned if he or she had not been injured.
When determining the amount of lost income you can recover, several factors must be considered:
- Baseline income: Your baseline income must be established. This calculation may include wages or salary from employment, as well as any additional sources of income such as bonuses, commissions, or overtime pay.
- Work absence: The period of time when you were unable to work – or worked at a reduced capacity – should also be considered.
- Mitigation: After being hurt, you have a duty to mitigate your damages. That means you must take reasonable steps to minimize the impact of the injury on your earning capacity. Failure to do so can affect the compensation awarded for lost wages.
- Benefits: Any benefits you receive during your absence from work, such as disability insurance payments, may be subtracted from the total lost wages you are granted.
Gathering Evidence to Support Your Lost Wages Claim
Solid evidence and documentation are key to proving your lost wages in a personal injury lawsuit.
Your attorney can help you gather all relevant documents, such as:
- Pay stubs
- Tax returns
- Any communication with your employer
- Medical records that support your inability to work during the recovery period
Recovering Lost Wages If You Are Self-Employed in New Jersey
Self-employed individuals in New Jersey can potentially recover lost wages in a personal injury claim, just like employees or individuals who are traditionally employed by a company.
Here are some key considerations for self-employed individuals seeking to recover lost wages in a personal injury claim.
Documentation of income
Self-employed individuals often have variable income, which can make it challenging to calculate lost wages. If you are self-employed or receive income from multiple sources, make sure to maintain clear financial records outlining your earnings.
Such records of income include:
- Invoices
- Contracts
- Bank statements
- Tax returns and other financial documents
Evidence of work interruption
Self-employed people should provide evidence showing how the injury directly impacted their ability to work. This may include statements from clients or customers, calendar records, and any documentation proving the disruption to their businesses.
Mitigation of damages
Self-employed individuals have a duty to mitigate their damages, meaning they must take reasonable steps to minimize the financial losses resulting from the injury.
Mitigating steps could include:
- Outsourcing work
- Adjusting business operations
- Seeking alternative sources of income, if you are advised to do so by your treatment team and injury lawyer
Proving Future Lost Wages
If an injury results in long-term or permanent disability, future lost wages may be calculated. Proving future lost wages involves estimating the income you would have earned if you were not hurt. Your potential promotions or career advancements may also be considered.
Your legal team must provide evidence such as employment records and testimony regarding your earning potential to prove future lost wages.
Let Our Compassionate Personal Injury Lawyers Fight for You
At Judd Shaw Injury Law, our team of compassionate lawyers is dedicated to fighting for personal injury victims and their families. We understand the physical, emotional, and financial toll such a situation can take on your life. That’s why we are here to provide you with the support and legal representation you need during this challenging time.
When you choose Judd Shaw Injury Law to represent you, we promise to Work the “WOW” – going above and beyond to achieve the best possible outcome for your case.
Thanks to our No Fee Guarantee®, there are no upfront costs when you hire us. We only get paid if we win a settlement for you. So why not schedule a free case review today and explore your legal options?
Contact us at (866) 909-6894 or complete our online contact form to get started. Let us handle the legal complexities while you focus on healing and moving forward with your life.
Content edited by personal injury attorney Judd Shaw. From the beginning, Judd established a set of Core Values laying out the pursuit for excellence in client service. He is a regular host of the Working The Wow podcast, with the belief that providing an exceptional client experience is just as important as delivering a quality service or product. You can find us in Red Bank and Tom‘s River, New Jersey.