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Proving Lost Wages in a Personal Injury Case

December 19, 2023 | Category: Personal Injury | Share

Being in an accident can be catastrophic in more ways than one. In addition to dealing with the physical pain and psychological aspects of the accident, how will you and your family survive if you should be out of work for an extended period of time? You may not be able to pay rent and/or the mortgage, utility bills, and other living expenses. You will also have increased expenses from everything to do with your recovery from such things as medical bills, therapy, medical supplies, and prescriptions.

Fortunately, under Florida law, when you are injured because of the negligence of another, you can seek compensation for damages by filing a personal injury claim against the negligent party. The claim allows you to seek compensation for these expenses along with compensation for your lost wages, loss of employment and diminished earning capacity.

Factors and Evidence to Consider in Establishing Lost Wages

When determining lost or diminished earnings after an accident, the following factors are considered:

  • Income
  • Occupation
  • Employment Type (full-time, part-time, self-employed (own your own business), independent contractor, etc.)
  • Age
  • Extent of Injuries
  • Education Level
  • Future Earning Potential

Evidence is needed to determine your current and future loss of earnings, including:

  • Pay Stubs
  • Direct Deposit Bank Statements
  • Previous Tax Returns
  • Employee Records
  • Employer Records/Testimony
  • Medical and Vocational Expert Testimony

If you are an independent contractor or self-employed, there are additional challenges because your income fluctuates. Income trends can be calculated using past income records. Experts can also testify to how well your business is likely to perform in the future.

Loss of Income Includes More than Just Lost Paychecks

In addition to lost paychecks, lost wages also refer to potential income and benefits. You may have missed out on promotions, raises, or perhaps changing positions for better pay. Benefits such as health insurance, retirement contributions, and other benefits are also considered lost income. Bonuses and profit sharing can be substantial and losing these benefits can affect your overall financial well-being.

Florida Personal Injury Attorneys Assist Accident Victims

Spivey Law Firm, Personal Injury Attorneys, P.A. is experienced in proving lost wages in personal injury cases and assists you in getting through these difficult times. Proving lost earnings can be challenging, but Florida Personal Injury Attorney Randall Spivey and his legal team are ready to aggressively represent you and/or your loved ones.

Getting the Lost Income to Which You Are Entitled

Insurance company agents work for the insurance company, and their motivation is to keep settlements as low as possible. It is important that you contact Florida Personal Injury Attorney Randall Spivey after seeking medical treatment. He and his team are dedicated to protecting your rights and achieving the best possible monetary recovery for you. There are no costs or attorney fees until a monetary recovery is made for you.

Here is what one of our clients said about working with Spivey Law Firm, Personal Injury Attorneys, P.A.:

Found Spivey Law Firm through "word of mouth". So glad I did! Was almost about to call a BIG, advertised law firm. Glad I didn't. They truly care here! You're not "just a number" like the "big wigs". They fight for you. They don't take the "easy way out" just to settle quickly & "move on to the next number". They'll fight to the end if need be! No easy/lazy way out here! Once again, they truly care! Even after everything is 'said & done', they call & check in on you. So glad I took "the word of mouth" here over the "big wigs’ company." JILL S.

Contact Spivey Law Firm, Personal Injury Attorneys, P.A. 24/7 at 239.337.7483, toll-free at 1.888.477.4839, or contact us online at SpiveyLaw.com.

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