How are Lost Wages Calculated After a Car Accident?
Many of those who are injured in car accidents are unable to work for weeks or even months after their collision. In some cases, a person’s injury may even be so severe that he or she will be unable to work at all, even when finished with treatment. In recognition of the fact that many accident victims will find themselves in financial straits in these kinds of situations, Florida law allows injured parties to collect compensation for any lost wages that they incur while recovering from an injury. In fact, it is even possible in cases that involve permanent disability, for a person to recover not only past lost wages, but also any lost future earning capacity.
It can, however, be difficult to prove how much a person is entitled to recover in lost wages, so if you were recently hurt in a car crash and have questions about the types of damages you may be entitled to, it is important to reach out to an experienced Fort Lauderdale auto accident attorney who is well-versed in these kinds of issues.
Calculating Past and Present Lost Wages
When it comes to recovering past wages after an accident, an injured party will need to provide proof of how much he or she regularly earns, as well as how many days of work were missed. This same method applies for any present wage losses experienced by a claimant. If, for instance, a person can only work part-time as a result of an injury, or must work in a lower paid position, then calculating the present loss of wages would involve taking whatever amount he or she would have made if the accident hadn’t occurred and then calculating the difference between that amount and what he or she is currently earning.
Calculating Lost Earning Capacity
Proving how much a person will lose in the future as a result of his or her injuries is, however, a bit more difficult and usually requires expert testimony to quantify the amount of a person’s loss based on specific factors, including:
- The injured party’s age;
- The victim’s education level;
- The claimant’s work history;
- The severity of the plaintiff’s accident-related injury;
- Whether the claimant will suffer from a temporary or lasting disability;
- The amount of income that the claimant has been able to earn since the accident occurred; and
- The claimant’s ability to compete in the current labor market.
For help determining how these factors could apply when calculating the loss of future earning capacity in your own case, please reach out to our office today.
Schedule a Meeting with Our Fort Lauderdale Legal Team
Please call Boone & Davis at 954-566-9919 to set up a free case review with an experienced Florida auto accident lawyer who can give you a better idea of your accident-related recovery options. You can also reach a member of our dedicated legal team by filling out one of our online forms with your case details, including your contact information.
Resource:
floridabar.org/the-florida-bar-journal/computing-economic-damages-in-florida-wrongful-death-and-personal-injury-cases/
