Will my husband get money after being hurt in a personal injury? 4 Answers as of April 22, 2011

A car hit my husband while he was walking to his car in a parking lot. He has not been working because of the injuries for months. Our insurance is only paying 80 percent of his wages, and is also getting disability. Can he get back the other 20 percent of his pay? He has been off work because of injuries since March 18th.

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Law Office of William R. Falcone, Esq.
Law Office of William R. Falcone, Esq. | William R. Falcone
The 20 percent is part of "basic economic loss" and is not recoverable in NY. However the benefits are not subject to tax witholdings and are not included in your taxable income. I believe I answered this question before and described the need to demonstrate a "serious injury" as defined in the no-fault statute before you can seek damages beyond "basic economic loss". If this still does not answer your question, feel free to call me.
Answer Applies to: Colorado
Replied: 4/22/2011
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
Your husband may be able to recover for more than his out of pocket expenses and lost wages. You should consult a good personal injury / accident lawyer in your area.
Answer Applies to: Colorado
Replied: 4/21/2011
Tenge Law Firm, LLC
Tenge Law Firm, LLC | J. Todd Tenge
He should be able to get money. If the other driver has liability insurance and/or you have Uninsured/Underinsured motorist on your automobile, you certainly will be able to recover money damages for all your husband's injuries, damages and losses, including wage loss, medical expenses, out of pocket expenses (i.e. the other 20% of his wages), pain and suffering and permanent impairment damages. This, of course, assumes that the other driver was liable (i.e. negligent) in hitting your husband. You really need to contact a qualified injury attorney. We are available to discuss your husband's claim if you would like.
Answer Applies to: Colorado
Replied: 4/21/2011
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