PROVING A CLAIM FOR PAST OR FUTURE LOST WAGES

When a person has suffered a personal injury as a result of negligence from another many factors have to be addressed when analyzing the potential damages. One important aspect of damages is the lost past and future wages of the injured party.

This raises the question of how to prove past or future lost wages. During litigation the injured party (plaintiff) must provide evidence to the trier of fact of exactly what the past and future lost wages were. Many trial lawyers differ on what is the best process for establishing the proper evidence or what is most compelling to a jury. Some trial lawyers choose to call an economist or other expert to provide testimony and schedules for the jury while others rely on past financial records of the plaintiff.

However, a recent appellate case from the Third District Court of Appeal issued a ruling on whether documentary evidence was necessary. In Maggolo, Inc. v. Roberson, So.3d 38 FLW D1366 (Fla. 3d DCA 2013) the Appellate Court held that claims for past and future wages do not have to be supported by documentary evidence and can be supported by testimony alone. Thus, the appellate court has established that there may be no wrong way to establish past and future lost wages and in any event can be established by testimony alone.

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