Lost Wages in a Florida Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Florida, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
No-Fault
Auto System
What Lost Wages You Can Recover in Florida
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Florida
Florida Injury Law
Florida underwent major personal injury law reform in 2023. The state remains a mandatory no-fault PIP insurance state, requiring $10,000 in PIP coverage to access medical benefits without proving fault. However, the 2023 HB 837 reform shifted Florida from pure comparative fault to modified comparative fault with a 51% bar, preventing plaintiffs bearing majority fault from recovering. The same law reduced the statute of limitations from 4 years to 2 years. These changes significantly favored defendants and insurers. Plaintiffs must still meet a serious injury threshold to step outside the PIP system and file a tort lawsuit for pain and suffering damages. Florida sees high litigation volumes due to its large elderly population, heavy tourist traffic, and active construction industry. Medical malpractice cases require a pre-suit investigation period and expert affidavit. Wrongful death claims have a 2-year statute of limitations under Fla. Stat. § 95.11.