Detailed Answer
Under New Jersey law, plaintiffs can recover both past and future lost income directly caused by another party’s wrongful act or negligence. Although New Jersey does not list every category in a single statute, courts and jury instructions broadly include the following when calculating lost wages:
- Regular salary and hourly wages: Straight-time pay lost during recovery.
- Overtime: Pay for hours worked beyond the regular schedule.
- Commissions and bonuses: Incentive-based earnings tied to sales performance or company metrics.
- Tips and gratuities: Service industry earnings from customers.
- Self-employment income: Net profits from a business or contract work.
- Rental and passive income: Earnings from property rent or investment income if directly impacted.
- Fringe benefits: Employer-paid contributions such as health insurance premiums, retirement or pension contributions, 401(k) matching, stock options or profit-sharing plans, and accrued sick, holiday, or vacation pay.
Courts consider projections of future lost earnings when a permanent injury or disability affects earning capacity. You may need vocational expert testimony to estimate life-long impacts. For public entities, the Tort Claims Act (N.J.S.A. 59:1-1 et seq.) governs recovery, but the same categories apply. For more on general tort damages, see N.J.S.A. 59:9-2(b): https://www.nj.gov/njlaws/?title=59.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Collect pay stubs, W-2 forms, and annual tax returns to document gross income.
- Request written confirmation of your benefits package and employer contributions.
- Track work schedules and timesheets for overtime and bonus calculations.
- Consider vocational experts to estimate future earning capacity.
- Mitigate damages by seeking alternate employment or duties if possible.
- Note the statute of limitations: typically two years for personal injury in New Jersey (N.J.S.A. 2A:14-2).