An injury doesn't just hurt your body; it hurts your wallet. When you are in the hospital or recovering at home, you aren't at work. For many families, missing even a week of paychecks is a crisis....
An injury doesn't just hurt your body; it hurts your wallet. When you are in the hospital or recovering at home, you aren't at work. For many families, missing even a week of paychecks is a crisis. Florida law allows you to recover these lost wages. But what if your injury is so severe you can never do your job again? That's where 'Loss of Future Earning Capacity' comes in.
Recovering Past Lost Wages
This is straightforward. We calculate the hours or days you missed work due to the accident and multiply it by your hourly rate or salary. This includes time missed for doctor appointments and therapy. PIP insurance pays 60% of this initially, and we sue the at-fault driver for the rest.
Loss of Future Earning Capacity
This is more complex. It's not just about lost wages; it's about the loss of your *ability* to earn money in the future. If you were a construction worker and now have a back injury that forces you to take a lower-paying desk job, you are entitled to the difference in income for the rest of your working life.
Proving the Loss
To prove future loss, we often hire vocational experts and economists. The vocational expert assesses what jobs you can still do with your physical limitations. The economist calculates what you would have earned over your lifetime (including raises and inflation) versus what you will earn now. The difference can be hundreds of thousands of dollars.
Self-Employed Victims
Proving lost income for business owners or freelancers is harder but possible. We use tax returns, profit and loss statements, and contracts to show a drop in revenue caused by your inability to work.
Documentation is Vital
You need a doctor's note for every day you miss work. If you stay home without medical authorization, the insurance company will argue you were just taking a vacation. Always get a 'work status' note from your physician.
Contact Emas Law Group Today
Your ability to earn a living is your most valuable asset. If an accident has damaged that asset, you deserve to be compensated fully. Emas Law Group works with top financial experts to ensure your settlement protects your family's financial future.
Frequently Asked Questions
Does PIP cover 100% of lost wages?
No. PIP only covers 60% of lost wages, up to the $10,000 policy limit (which is shared with medical bills).
Can I claim lost sick days or vacation time?
Yes. If you had to use your paid time off (PTO) to recover, you are entitled to be compensated for the value of that time.
What if I was unemployed when the accident happened?
You can still claim loss of earning capacity if you can prove the accident prevents you from taking a job you were qualified for and likely to get.