Can I Recover Lost Wages Due to Another’s Negligence?

You were involved in a motor vehicle accident caused by someone who was not paying attention; he was texting while behind the wheel and slammed into the back of your car as a result of his carelessness.  This person’s negligence caused you to suffer serious injuries to multiple parts of your body and property damage to your car.  In addition to the significant expenses and pain and suffering related to the medical treatment that you required for your injuries caused by the other driver’s negligence, your car was nearly totaled and was in the repair shop for weeks afterwards, costing thousands of dollars in repairs after the other driver slammed into you at a high rate of speed.  Given that you live miles away from work in an area that is not well-served by public transportation, there was simply no way for you to get to work during this time period even if you wanted to.  The natural question you would have in this scenario is whether you can recover lost wages as a result of someone else’s negligence.

Florida Law Regarding Damages Recoverable in a Personal Injury Lawsuit

Under Florida law, you are permitted to recover whatever damages you have suffered as a result of the accident if you were injured and suffered losses as a result of someone else’s negligence. This includes damages for pain and suffering as well as the expenses associated with any medical treatment you had to undergo as a result of injuries you suffered from that person’s negligence.  Lastly, you also can recover whatever other financial losses and damages you may have suffered as a result of the other person’s negligence.  This includes the ability to recover lost wages you may have suffered, whether that was because your car was in the repair shop and you had no way to get to work or because your injuries prevented you from working.  In either scenario, if you are not able to work due to someone else’s negligence, then you are able to recover those damages in your Florida personal injury lawsuit.

Defense Attorneys Will Attempt to Reduce Your Claimed Lost Wages

The defense is always able to argue that you, as the injured party, did not take all the steps that you could have in order to mitigate your damages.  This is a fancy way of saying that you did not give it your best efforts to ensure that you suffered as little as possible in damages as a result of their client’s negligence.  The defense attorney may ask why you did not attempt to take the bus and argue that this somehow means the jury should award you less money in lost income because you could have made it to work, you just didn’t try hard enough.  This completely ignores the fact that it would have been inconvenient and nearly impossible to make it back and forth between home and work with the lack of reliable public transportation in your area.  Defense attorneys often do not realize these types of arguments simply make them look petty given that it was their client who put you in such a difficult situation in the first place.  However, that does not stop them from trying.  Nevertheless, an experienced Florida personal injury attorney will know exactly how to respond to such an attack to show the jury why it was impossible for you to make it to work because of your injuries and present the case for you to recover lost wages..

Contact the Experienced Personal Injury Attorneys of Schwed Adams & McGinley

When you or a loved one suffers a serious injury due to someone else’s negligence, you need legal assistance you can depend on to help you recover maximum compensation for those injuries. The experienced, skilled Florida personal injury lawyers at Schwed, Adams & McGinley, P.A. are adept at handling even the most complex personal injury claims. Our attorneys have more than 150 years of combined experience in personal injury litigation. We have experience working with clients who have suffered all different sorts of injuries in all different sorts of scenarios.  We know how to highlight for the jury the missed time from work and resulting lost wages our clients have experienced as a result of someone else’s negligence.  Call us today at 877.694.6079 or email us at contact@schwedlawfirm.com at to speak with an experienced personal injury lawyer today.