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A serious personal injury can derail your life in more ways than one. Beyond the physical pain and emotional stress, many victims are left facing steep financial consequences—especially when their injuries interfere with their ability to work. In Florida, injured parties have the legal right to pursue compensation not only for medical expenses but also for lost wages and diminished future earning capacity.
Understanding what you’re entitled to—and how to prove it—is key to recovering the full financial compensation you deserve. Continue reading for more information from Boatman Ricci on what you may be able to recover.
What Are Lost Wages?
Lost wages refer to the income you were unable to earn as a direct result of your injury. This includes:
- Time missed from work for medical treatment or recovery;
- Sick leave or vacation days used because of the injury;
- Bonuses, commissions, or tips you would have otherwise earned; and
- Overtime or part-time income lost during recovery.
To recover these wages, you’ll need to document both your injury and your normal income. This usually involves medical records, pay stubs, a letter from your employer, and any relevant employment contracts or work schedules.
What Are Future Earnings (Loss of Earning Capacity)?
Loss of earning capacity refers to your reduced ability to earn income in the future due to long-term or permanent impairments caused by your injury.
Unlike lost wages—which are based on past earnings—future earnings require a more complex evaluation, often involving:
- Medical expert testimony about your long-term prognosis;
- Economic or vocational expert reports estimating lost career opportunities;
- Your work history, education, and skillset; and
- An analysis of the job market in your industry or region.
Florida courts consider whether your injuries will prevent you from returning to your previous job or earning at the same level. Even if you’re able to work again, you may still have a claim if you’re forced into a lower-paying or less demanding role due to your injuries.
Florida Law on Recovering Lost Wages and Future Earnings
Under Florida Statutes § 768.81, injured individuals are entitled to economic damages in a personal injury claim. This includes current and future lost income.
To make a successful claim, you must prove:
- The defendant’s negligence caused your injuries;
- You suffered financial harm as a result; and
- The value of your lost income and potential future losses.
Because future earnings are speculative, courts require detailed, credible evidence to support these claims. That’s why personal injury attorneys often bring in financial experts to build a strong, evidence-backed case.
Real-World Example
Consider a Florida construction worker who suffers a spinal injury due to a negligent driver. He misses six months of work—an obvious case of lost wages. But if doctors determine he can no longer handle the physical demands of his job and must take a lower-paying desk job, he may also have a valid claim for loss of earning capacity.
The total compensation could include:
- Six months of lost income;
- The difference in pay between his previous and current job; and
- His projected earnings loss over the remainder of his working life.
How to Strengthen Your Financial Recovery Claim
If you’re pursuing compensation for lost income, take these steps as early as possible:
- Seek medical treatment immediately: Timely care links your injuries to the incident and creates a record.
- Notify your employer: Ask for documentation of your time off, wages, and any job limitations.
- Keep detailed records: Save pay stubs, tax returns, W-2s, and any correspondence about missed work.
- Follow all treatment recommendations: Gaps in care may be used to argue that your injuries aren’t serious.
- Work with an experienced attorney: A personal injury lawyer can coordinate expert evaluations, calculate your losses, and negotiate a fair settlement.
Why Legal Guidance Matters
Calculating lost wages is straightforward, but projecting future earnings is not. Insurance companies often dispute these claims or undervalue them. Having a personal injury attorney in your corner ensures your claim is properly documented, supported, and strategically negotiated. Contact us today to protect your future.