As residents of the Buffalo region, we understand that it can be tough to support yourself and your family, even without the additional problem of being unable to work as a result of a serious personal injury. Unfortunately, because New York State law makes different provisions for different types of cases, there is no easy “yes or no” answer to the question of suing for lost income.
If you are injured in a car accident, for example, your own automobile insurance company may compensate you for part of your lost wages. How much they will compensate you, however, may be offset by the availability of other forms of monetary compensation for lost wages, such as New York State disability insurance or Worker’s Compensation, and by a cap on how much they will pay. If you are being compensated by your own insurance company, you generally cannot “sue” for lost income. If you have suffered a personal injury as a result of some other type of accident, such as falling on a wet floor in a store, you may not be receiving any compensation from your own insurance company and, as a result, can seek it from the other party as part of the monetary damages for your losses.
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