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How Do You Prove Lost Income In A Florida Personal Injury Case?


After a Florida auto accident, an injured victim can seek compensation from another person’s insurance company if the other person’s negligence led to the accident that led to the victim’s injury. In Florida, injured persons can seek a variety of compensatory damages. One of the damages you might be entitled to if you recently suffered an injury in an accident, is lost income. More often than not, people who suffer severe injuries in accidents take time off from work. Accident victims require enough rest so they can recuperate, and time off work can offer you the rest you need to recover. However, time off work often leads to income loss. When an injured accident victim loses their income, it becomes hard for them to cater to their medical expenses and needs.

If you recently sustained a severe injury in an accident and had to take time off work, losing your income in the process, reach out to a qualified personal injury attorney so they can help you seek the compensation you deserve.

Defining the Term “Lost Income”

In personal injury law, the term “lost income” means the income you lose from the day you stop receiving your wages because of an accident up to the time you return to work and resume receiving your wages.

Proving Lost Income

In one court case, the appellate court addressed the type of evidence plaintiffs need to prove lost wages/income. According to the appellate court, a jury can award a plaintiff compensation for lost income based on credible testimony. On appeal, a defendant claimed that the plaintiff should not have been awarded lost wages because of failing to provide financial records to support their claim. However, the appellate court stated that the plaintiff’s testimony and all the other information presented were enough to prove that the plaintiff deserved to be reimbursed for lost wages. According to the appellate court, no Florida court has determined that a person needs to provide documentary evidence or file income tax returns for those earnings for them to be awarded lost wages.

Nonetheless, even though the above case favored the plaintiff, it is crucial that you strive to prove income or wage loss using clear and convincing evidence. Some of the options employees have for demonstrating lost income include;

  • Pay stubs showing a change in income
  • Wage verification or a letter from an employer

If you are self-employed, you also need to demonstrate the amount you would have made between the time you stopped earning to the time when you recover and go back to making an income. To do this, you can present your medical papers and other documentation that show lost opportunities and income. For example, you can tender your business invoice or 1099 form(s).

Contact Us Today for Legal Help

To increase your chances of obtaining reimbursement for lost wages and other damages, you must gather as much evidence as you can. You must work with an experienced attorney who can help you gather and prepare helpful evidence. Our West Palm Beach personal injury attorneys at the Pendas Law Firm are available to help you collect, organize and present the evidence you need for your case. The attorneys at The Pendas Law Firm work tirelessly to ensure clients get fair compensation. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Orlando, Ocala, Daytona Beach, Tampa, Bradenton, Fort Myers, Jacksonville, Miami, and Fort Lauderdale areas.



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