Can I Recover Lost Wages in a Slip and Fall?
If the injured person is able to establish that a property owner or another entity is at fault for a slip and fall, the injured person may recover their lost wages from the responsible party.
The law in New Jersey as is the common law in all states, is that a negligence case is established by showing that a specific party had a duty, breached that duty and because of the breach of that duty, damages were caused. As set forth above, this is the law in New Jersey. Therefore, if a plaintiff wants to establish that a property owner or entity is responsible for a slip and fall accident, the plaintiff will have to establish that the property owner or the entity had a duty to keep the property in a safe form, that they breached that duty, caused a slip and fall and damages occurred. If they are able to establish this, then they will be able to recover lost wages as lost wages are part of the damages in a negligence action that is brought under New Jersey law.
Under New Jersey law, lost wages can be established by showing the exact amount of time that the individual lost from work as a result of the accident and how much monetary value that lost time had to the individual. Lost wages can be offset by any payments that were paid such as workers compensation payments. In other words, in some circumstances a person’s lost wages will be reduced for other payments or will have to be paid back to the company that made the payments to the plaintiff. Additionally, depending upon the type of work the injured person does, the injured person or the plaintiff may need to hire an economic expert to establish the exact amount of lost wages.
If you or someone you know has questions about lost wages after a New Jersey slip and fall accident, call our New Jersey and Monmouth County slip and fall attorneys. Our lawyers will answer your questions and if you decide to hire our firm will not receive a legal fee unless we are successful in your claim. Call us today.