When serious injuries are suffered due to a car accident, recovery may take weeks, months, or even a lifetime. Because of this, you may miss days or work or may be unable to return to work at all. Drivers and passengers involved in a car accident can pursue damages for this lost income by filing a personal injury lawsuit.
This lost income will have to be proven. Additional information about the damages and injuries sustained will also have to be provided. Proving this lost income is important to do and a knowledgeable attorney can help with this process. Here’s how to prove you lost income because of the car accident.
In Florida, victims of car accidents are entitled to certain damages from the at-fault party. Liability has to be established once one of the parties is found negligent in the accident. The victims can then recover damages for current, past, and future medical expenses, diminished earning capacity, lost income, and pain and suffering in some cases.
Some of the damages being recovered are easier to prove than others. You may have records of current and future medical procedures, recommended treatments, and the costs associated with your long-term care. However, proving lost income and any future earning capacity can be more complicated.
Lost income refers to the financial loss relating to the time that the victim was unable to work after an accident and wasn’t paid. These are straightforward damages and are usually shown by providing any documentation of attendance at work, any financial records such as pay stubs, and tax records of this time.
Loss of earning capacity is different and more complicated. These are predictions and calculations about a victim’s ability to work in the future. This is also compared to the job they had during the accident and if they’re still able to do the same role.
Evidence is required to prove lost future earnings. Not only are financial estimates used, but also expert witnesses. The expert witnesses will share their professional opinions on whether the victim is able to return to work and continue to earn a living as they once did.
The victim’s injuries and a timeline of recovery should also be provided. If no recovery is expected, a reasonable depiction of the victim’s future should be presented by the professional.
This is all presented to a jury that is determining the specific compensation amount. Ultimately, it is the jury’s responsibility to evaluate whether the victim deserves this amount of compensation or a different amount depending on the evidence provided.
The damages amounts are based on the victim’s health, age, and occupation. They also take previous earnings and time of injury into account when calculating damage amounts.
When you’re hurt in a car accident, your missing income is vital to your recovery, but how do you prove you’re due these damages? Our attorneys at Fischer Redavid PLLC can work with you to determine the best evidence to help you obtain compensation for your losses.
Ready for a free consultation about your wages? Give us a call at 954-860-8434 or fill out the following online contact form to get started.
Have a legal question? Would you like to schedule a free consultation to discuss your case with an attorney? You can get in touch with us via the form on the right, by call or text (FL: 954-860-8434; GA: 404-287-2856), or on our social media profiles below.
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Atlanta, GA 30326