After sustaining injuries in an accident, you may find yourself unable to return to work temporarily, in a reduced capacity, or never again. Trying to support your family during this time may be impossible as you seek treatment. Worse, your regular bills and obligations continue to pile up.
Under Florida law, injury victims can take legal action to recover wages they have lost, as well as compensation for diminished work capacity. Your best advisor on whether your case meets the state’s standards for establishing negligence is an experienced accident attorney. They can assess your case to ensure you have the necessary legal standing to pursue a personal injury suit against the at-fault party that caused you harm.
What Constitutes Lost Wages and Earning Capacity in a Seminole County Accident Claim?
When your personal injury attorney discusses the amount of income you have lost and your current ability for work, they refer to lost wages and earning capacity. These damages are meant for accident victims who can’t work, whether temporarily, partially, or permanently.
Lost wages fall under economic damages and are generally based on your actual financial losses, as well as projected damages. In this case, diminished earning capacity would fall under future projected losses.
As you can see, the primary difference between these two compensatory damages involves prediction. Lost wages are based on what you are currently losing every day by being unable to work. In comparison, compensation for lost earning capacity is based on predicted losses based on your current injuries and future ability to work. This can be challenging to calculate, but if you suffered a catastrophic spinal injury that has left you wholly paralyzed, your attorney would demand you be compensated for what you would have earned throughout your lifetime.
How Will My Attorney Prove My Demand for Lost Wages?
Evidence must be submitted to convince the liable party or insurer that your demand for lost wages is justified. This usually would include many of the following:
- Previously filed tax returns
- Written earnings statement from your lawyer
- Paystubs or direct deposit history
- Records of any incentive pay you would have received
- Vacation, sick time, and bonuses you earned
When you are also requesting compensation for earning capacity that you have lost, your attorney may request that your doctor or other treating physician give testimony about the impact of your injuries on your career now and in the future.
In addition to all of this information, any promotions or pay increases you would have gotten should be claimed.
How Do I Recover Compensation for Lost Wages If I’m Self-Employed?
Whether you punch a time clock or make your own hours as a self-employed contractor, you have a right to recover wages you would’ve earned had you not been hurt by a negligent individual. To make your case for these damages, you can submit previous tax year filings, accounting records, and your business plan to show what your potential had been.
Insurance companies will be especially contentious toward self-employed accident victims, so be sure that you hire an attorney with a proven track record of pursuing compensation. At Jordan Law, our attorneys have many years of combined experience and background in many areas of law outside of personal injury. This makes our services an invaluable asset when representing your claim.
Trust a Skilled Team of Personal Injury Lawyers to Represent Your Case
Suppose you or a family member suffered lost wages or are unable to return to work or will be producing at a diminished capacity. In that case, you must hold the negligent party responsible. You didn’t deserve the injuries their reckless actions inflicted, nor should you be paying for the financial fallout. After suffering a harrowing accident, the legal team of Jordan Law is here for you. We believe that all injuries deserve to be compensated for current and future hardships created by the liable party.
Trust us to thoroughly investigate your claim and build a solid case demonstrating the financial, emotional, and physical trauma you have suffered. Contact us today to schedule an initial consultation and learn more about what rights you have to compensation.