Proving Lost Income and Earning Capacity

When a victim suffers a serious injury due to a car accident, they are faced with weeks, months, or even a lifetime of recovery. As a result, victims must at least miss some time from work, and they sometimes cannot return to a job at all, or in the same manner that they once did. Drivers and passengers injured in a crash can pursue damages for lost income and earning capacity by filing a personal injury lawsuit. The Miami car accident lawyers at the Law Offices of Robert Dixon are dedicated to making sure that victims are properly compensated for all of their losses following a traumatic collision.

Our firm offers seasoned legal representation throughout the duration of a case, collecting and interpreting detailed evidence in order to show the full impact that a car accident had on a victim, as well as who was responsible for harming them. We represent clients throughout Miami-Dade, Broward, and Palm Beach Counties, including in Miami, and West Palm Beach. If you have been injured in a motor vehicle collision and have questions about your legal options, contact our office today to schedule a free consultation to learn more about how we can help.

In Florida, car accident victims are entitled to certain damages from individuals responsible for causing a car accident. When a defendant has been found negligent, and liability has been established, victims can recover damages for past and future medical expenses, lost income, diminished earning capacity, and - if a debilitating or permanent injury is sustained – pain and suffering. Some of these damages are easier to quantify than others. For instance, victims have records of past doctor visits and the recommended treatments that may be necessary in the future, and there are often standardized costs associated with such treatments. However, proving lost income and future earning capacity may be more complex.

Lost income damages refer to financial losses related to the time that a victim needed to take off from work following an accident. These damages are fairly straightforward and can be shown by providing documentation of work attendance, financial records, pay stubs, and tax records. Showing loss of earning capacity is a little more complicated, since the amount is based on calculations and predictions about a victim’s ability to work in the future, and how they are able to make a living at the job that they had before being injured or in a comparable role.

Proving lost future earnings requires evidence of financial estimates, as well as expert witness testimony. Expert witnesses offer qualified professional opinions regarding a victim’s physical limitations and the impact of those limitations on their ability to earn a living. Assessments of a victim’s injuries as well as a timeline of recovery, or when no full recovery is expected, a reasonable depiction of what the victim’s future capabilities will be, are important issues to present to a jury determining compensation. Ultimately, it is the jury’s responsibility to evaluate whether a victim’s estimations of their damages are credible. Damages amounts are based on a victim’s age, general health, and occupation, as well as earnings before and after the time of the injury.

Proving lost income and earning capacity requires a detailed analysis of medical records, expert witnesses, and other evidence to ensure that victims receive the appropriate amount necessary to cope with the extent of their injuries and keep their futures intact. The Miami attorneys at the Law Offices of Robert Dixon utilize all of the resources available to them to ensure that clients recover maximum compensation for their harm. If you are dealing with the consequences of a serious crash, call 877.499.4878 or contact us online to schedule a free consultation with a knowledgeable lawyer. We will not send you a bill for our services unless we are able to get compensation for you.