How are Lost Wages Calculated for a Truck Accident in Florida?
Were you injured in a trucking accident in Palm Beach County or elsewhere in South Florida? If a serious accident keeps you off of the job for a significant period of time, you have the right to seek compensation for lost income. This raises an important question: How are lost wages calculated as part of a truck accident claim? Here, our West Palm Beach tractor trailer accident attorney provides a guide for how lost wages are calculated in a truck accident case in Florida.
You Have the Right to Seek Compensation for Lost Wages After a Truck Accident in Florida
Hurt in a semi-truck accident in Florida? You have the right to seek compensation for your damages, including for economic damages, such as lost wages and/or diminished earning capacity. However, there is a limitation. Florida is a no-fault state for motor vehicle collisions, including semi-truck accidents.
No-fault (Personal Injury Protection (PIP)) benefits mandated by Florida Statutes. § 627.736 reimburse up to 60 percent of lost income, but only to the policy’s dollar cap. When a tractor-trailer crash meets the statute’s “serious injury” threshold—as most do—you may pursue the truck driver, motor carrier, or another negligent entity for all wage-loss damages.
How Lost Wages are Calculated in Truck Accident Cases in Florida
How are lost wages determined in Florida? The short answer is that they are calculated on a case-by-case basis. Notably, wage loss is divided into two pieces:
- Past Lost Wages: These are lost wages run from the accident date to settlement or trial and are proved with pay stubs, W-2s, 1099s, timesheets, or business ledgers that establish your average weekly wage, including regular overtime and commission income.
- Diminished Future Earnings: Future loss of earning capacity can be more complex. Vocational experts assess permanent medical restrictions, education, skills, and the regional labor market to identify the jobs you can still perform and their pay.
Depending on the complexity of the case, a forensic accountant may be brought in to project the lifetime income gap and discount it to present value using accepted wage-growth and inflation rates. An experienced Florida truck accident lawyer can help.
Personal Injury Tip: Do not go it alone. Insurance companies fight hard to pay out as little as possible. A top-tier West Palm Beach truck accident attorney can help you seek compensation for the full value of your wage loss damages, including diminished earning power.
Get a Free Case Review With a Top West Palm Beach Truck Accident Lawyer
At Pike & Lustig, LLP, our West Palm Beach semi-truck accident attorney puts the time, resources, and attention to detail into cases to help victims and families get justice. If you have any questions about recovering lost wages in a truck accident injury case, please do not hesitate to contact us today for a free case review. We handle truck accident claims throughout South Florida, including in Palm Beach County, Martin County, Broward County, and Miami-Dade County.
