Can You Claim Lost Wages After a Car Accident in Florida?
A car accident can lead to serious injuries, medical expenses, and time away from work. If you were injured in a motor vehicle crash in Florida, you may be entitled to compensation for lost wages. This typically include the income you missed due to your inability to work. Understanding how lost wages are calculated and claimed can help you recover financially
At High Stack Law, our dedicated Florida car accident attorneys can help you seek the wages you lost, lost earning capacity, and all of the other financial compensation you may be owed after a serious accident.
What Are Lost Wages?
Lost wages refer to the income you would have earned if the accident had not occurred. This includes:
- Hourly Wages or Salary: Compensation for missed workdays.
- Overtime Pay: If you regularly worked overtime before the accident.
- Bonuses and Commissions: Lost earnings from sales or performance-based incentives.
- Self-Employment Income: Lost business revenue for freelancers or entrepreneurs.
- Sick Leave and Vacation Time: If you had to use paid time off due to the accident.
Lost wages are considered economic damages, meaning they can be documented and calculated based on financial records.
How Does Florida’s No-Fault Insurance Affect Lost Wage Claims?
Florida follows a no-fault insurance system, meaning drivers must first seek compensation through their Personal Injury Protection (PIP) coverage. PIP insurance covers:
- 80% of medical expenses
- 60% of lost wages
- Replacement services (e.g., household help)
However, PIP coverage is limited to $10,000, and it does not cover non-economic damages like pain and suffering. If your lost wages exceed PIP limits, you may need to pursue additional compensation.
When Can You File a Lawsuit for Lost Wages?
If your injuries meet Florida’s serious injury threshold, you can file a personal injury lawsuit against the at-fault driver. A serious injury includes:
- Permanent disability
- Significant disfigurement or scarring
- Loss of an important bodily function
- Death
If your injury qualifies, you can seek full compensation for lost wages, including future lost earnings.
How to Prove Lost Wages in Florida
To successfully claim lost wages, you must provide clear documentation of your income and work history. This may include:
- Pay Stubs: Showing your regular earnings before the accident.
- Tax Returns: Demonstrating annual income for self-employed individuals.
- Employer Statements: Confirming missed workdays and lost wages.
- Medical Records: Proving that your injuries prevented you from working.
- Expert Testimony: Financial experts can estimate future lost earnings.
Can You Claim Future Lost Wages?
If your injuries prevent you from returning to work or reduce your earning capacity, you may be entitled to future lost wages. This includes:
- Long-term disability compensation
- Reduced earning potential due to permanent injuries
- Loss of career advancement opportunities
Calculating future lost wages often requires expert analysis, including projections based on career trajectory, inflation, and industry trends.
Steps to File a Lost Wage Claim
- Report the Accident: Notify your insurance company immediately.
- Seek Medical Treatment: Obtain documentation of your injuries.
- Gather Financial Records: Collect pay stubs, tax returns, and employer statements.
- File a PIP Claim: Request compensation through your insurance provider.
- Consult an Attorney: If your losses exceed PIP limits, a personal injury lawyer can help you pursue additional compensation.
Seek Lost Wages and More After a Serious Florida Car Accident
If you have lost income due to a car accident in Florida, you may be eligible for compensation through PIP insurance or a personal injury lawsuit. Understanding the claims process and gathering strong evidence can improve your chances of recovering lost wages. Consulting a personal injury attorney can help you navigate legal complexities and secure the compensation you deserve.
Speak with the Florida car accident lawyers at High Stack Law for help. Contact us today for a consultation of your case.