If you have been injured in a truck accident in Florida such that you are unable to return to work or suffer a permanent disability, you may be eligible to seek compensation for your lost earning potential. Even those that can still work may be able to recover if their disability prevents them from obtaining a higher paying job which they would have sought if not severely injured.
We understand that a serious truck accident can have a lasting impact on your career and finances. If you have suffered an injury that prevents you from returning to work for a period of time or limits your future earning potential, our experienced truck accident attorneys can help. We will fight to see that you recover the earnings you have been deprived due to the negligence of the truck driver who caused the accident.
Pre-existing Conditions and Lost Wages
In order to recover for lost wages or earning capacity, you will need to demonstrate that the truck accident was the direct cause of the injury or injuries that prevents you from working. This does not, however, mean that a pre-existing condition will preclude your recovery. If the accident worsened your pre-existing condition, impacting your ability to work or work at the same functioning level you did previously, you can still recover for your lost wages or earning capacity.
Proving Lost Wages and Earning Capacity
To obtain compensation for your lost wages, you will first need to prove what your wages were at the time of the accident. Evidence of this could include a recent paycheck. If you are self-employed, you may need to provide additional evidence which your truck accident attorney can help you to compile. This could include pay records from the same period last year in order to establish a baseline pay. You can also potentially seek recovery for lost tips and non-salaried income, if you can provide evidence of this pay. You will then need to be sure you have concrete evidence of the number of days of work you have missed due to the accident. This could include a time sheet if you are a regular employee, whereas self-employed people will need to provide more creative evidence.
Lost earning capacity can be more complex to prove as it requires some speculation. Lost earning capacity will take into account your current line of work, your training, experience, the severity of your injuries, and your likely healing projection. Your attorney will assist you with these complicated calculations. At times, a financial expert will be consulted in order to more fully assist in making these delicate calculations.
Greenberg, Stone & Urbano: Zealous Representation for the Victims of Truck Accidents
If you or a loved one has been injured in a truck accident in South Florida, the Miami Truck Accident Attorneys at Greenberg, Stone & Urbano are here to help. Our outstanding truck accident firm offers over 130 collective years of experience representing the victims of truck and other traffic accident victims across South Florida. Our dedicated lawyer staff provides legal representation of unmatched excellence, evidenced by our array of awards. We received an AV rating from Martindale Hubbell and are ranked as a top firm in South Florida by the Miami Herald. Do not delay in protecting your legal rights. Contact our firm as soon as possible to start on the road to protecting your legal rights. Call us at (888) 499-9700 or (305) 595-2400 or you can visit our website to schedule your initial consultation.