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Proving Lost Wages After a Car Accident

LostWages

Being involved in a car crash can have more than just physical repercussions. Besides having to deal with the pain and psychological aspects of being involved in a collision, accident victims may also struggle financially, not only with medical bills, but with staying on top of rent, utility bills, and other expenses while they recuperate. Fortunately, in Florida, accident victims who are injured because of someone else’s negligence can seek compensation for these losses by filing a personal injury claim against the at-fault party in court. These claims allow wronged parties to seek compensation not just for medical expenses and vehicle damage, but for lost wages, loss of employment, and diminished earning capacity.

Establishing Current and Future Lost Earnings 

A court won’t award compensation for lost wages based only on a victim’s word. Instead, he or she will need to provide proof of those lost earnings by submitting:

  • Pay stubs;
  • Bank statements;
  • Tax returns; and
  • Employer/employee records.

This evidence can be used to establish how much a person actually lost because he or she was unable to work while recuperating from accident-related injuries, as well as how much he or she will lose in the future. Once this has been established, a court can issue an award of the total losses. It is also possible, however, for accident victims to recover compensation for income they may lose in the future because of their injuries.

Recovering Lost Future Income 

Besides being able to recover their lost paychecks, accident victims can also receive coverage of potential income and benefits. For instance, an injured party may have missed out on a raise, a bonus, a promotion, or a change in position because of his or her injury. Courts will take these lost opportunities into account when calculating a damages award for lost wages. Benefits like health insurance and retirement contributions also fall under this category. When calculating these losses, courts consider a few other factors, including:

  • The accident victim’s employment type;
  • The claimant’s occupation;
  • The accident victim’s income;
  • The injured party’s age;
  • The claimant’s level of education;
  • The extent of the victim’s injuries; and
  • The claimant’s future earning potential.

All of these factors can affect how much a person could receive as compensation for income already lost, as well as their future losses.

Helping Tampa Accident Victims for 40 Years

 Even relatively minor accidents can have far-reaching financial implications for injured parties. Unfortunately, insurers are in the business of keeping their settlement payouts as low as possible, which means that many injured parties are left trying to pay off their debts with insufficient funds. In these cases, it may be necessary to file a personal injury claim against the at-fault party in court, seeking a damages award for lost wages and diminished income. For help establishing your own losses after a crash, call Anderson & Anderson at 813-251-0072 or send us an online message and set up a meeting with one of our dedicated Tampa car accident lawyers today.

Sources: 

floridabar.org/rules/florida-standard-jury-instructions/civil-jury-instructions/civil-instructions/#500

flhsmv.gov/insurance/involved-in-a-crash/#:~:text

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