When someone is injured in an accident, the damage goes beyond physical pain. Serious injuries can affect your ability to work, earn money, and provide for your family.
In Florida personal injury cases, you may be able to recover money for both loss of earnings and diminished earning capacity. These are two important financial damages that can help cover your future needs.
Let’s break down what these terms mean, how they’re different, and how they can impact your case.
What Is Loss of Earnings?
Loss of earnings refers to the income you missed out on because of your injury. If you had to take time off work to recover, see doctors, or attend therapy sessions, you may be owed money for those missed paychecks.
This type of damage is often easier to calculate. Your attorney can use pay stubs, tax records, or employer statements to show exactly how much income you lost while you were injured.
This can include:
- Regular wages or salary
- Overtime pay
- Bonuses or commissions
- Paid time off used during recovery
For example, if you missed six weeks of work and normally earn $1,000 a week, your loss of earnings would likely be $6,000. If your injuries caused a short-term disruption in your job, you may be able to recover the full amount of that loss.
What Is Diminished Earning Capacity?
Diminished earning capacity is different than loss of earnings—it applies when your injury affects your ability to earn money in the future. Even if you’re able to return to work, you might not be able to do the same job or work as many hours.
This type of damage considers the long-term impact of your injury. Maybe you were a construction worker, but now you can no longer lift heavy tools. Or perhaps you were on track for a promotion, but now your injury limits your professional growth. These future limitations are part of your diminished earning capacity.
This damage is more difficult to quantify because it involves future income. Your lawyer may use expert witnesses, like vocational specialists or economists, to estimate how much your earning potential has been reduced.
How Are These Damages Proven in Florida?
In Florida, you can recover both types of damages, but you have to prove them.
For loss of earnings, you’ll need to show:
- You were working before the accident.
- You missed work due to the injury.
- You lost a specific amount of money.
For diminished earning capacity, you need to prove:
- Your injury will have a lasting impact.
- You are now limited in the type or amount of work you can do.
- Your future earnings will likely be lower.
Medical records, job history, education level, and expert opinions can all help prove your case. A good personal injury attorney will gather the right evidence to build a strong claim for you.
Why These Damages Matter in Personal Injury Cases
Many people think only about medical bills when they consider filing a personal injury claim. But the financial damage often goes far beyond doctor visits. If your injury keeps you from working or limits what kind of work you can do in the future, it can change your entire life.
That’s why it’s important to include both current and future wage losses in your claim.
Getting fair compensation can help you:
- Stay financially stable
- Cover long-term medical needs
- Support your family
- Plan for your future
Loss of earnings and diminished earning capacity can make up a large part of your settlement, especially if your injury is severe or permanent.
Florida Laws and Time Limits
In Florida, personal injury cases are governed by a law called the statute of limitations. You usually have two years from the date of the injury to file a lawsuit. If you wait too long, you may lose your right to recover any damages.
It’s also important to understand that Florida follows a comparative negligence system. This means your compensation could be reduced if you were partly at fault for the accident, up to 50%. For example, if you were found to be 20% at fault, your damages would likely be reduced by 20%. If you were found to be 80% at fault, you might not recover anything.
A personal injury lawyer can help protect your rights and make sure you meet all deadlines.
Contact Our St. Petersburg Personal Injury Lawyer at Graves Thomas Injury Law Group for a Free Consultation
A serious injury doesn’t just hurt your body—it can hurt your income, career, and sense of independence. Understanding your rights to loss of earnings and diminished earning capacity is key to making sure you’re fairly compensated.
If you’ve been injured due to someone else’s negligence, don’t settle for less. A knowledgeable St. Petersburg personal injury lawyer can help you fight for the financial recovery you need—both now and in the years to come. Contact Graves Thomas Injury Law Group to schedule a free consultation at (772) 569-8155.
