JONES LAW GROUP | Your Lawyers for Life! Personal Injury Law Firm in St. Petersburg

Jones Law Group logo, Personal Injury Lawyer in St Petersburg Floridajones law group attorney lawyer logo
Lost Income

Lost Income and Accident Cases

Missed work after a car accident in Florida? Learn how to prove lost wages and future earning capacity with a real case example. Free consultation with Jones Law Group.

Call our personal injury law office directly at (727) 512-9847

Find Out If You Have a Personal Injury Case

At Jones Law Group in St. Petersburg, FL, we would like to hear from you. Contact us for a free personal injury case consultation.

Call our personal injury law office at (727) 512-9847

Florida Personal Injury Insights

Get educated on the Florida's personal injury laws and more.

By: Heath C. Murphy +Personal Injury

After being involved in a car accident case it is very likely that the injured person will miss work. The amount of work missed can range from a few hours to permanently being unable to resume their prior occupation following the accident.

Maggolc, Inc. v. Roberson[1]

Maggolc, Inc. was a highway paving contractor. Robert Roberson was operating his scooter in an area where the road was being resurfaced by Maggolc. It was about 9:00 at night and as Mr. Roberson rode along the road, he struck a manhole pipe which was protruding out of the surface of the roadway. He was thrown from his scooter and was injured when he struck the road. Mr. Roberson’s medical expert testified that he had a 7% disability rating. The same medical expert opined that 5% was related to neck injuries and 2% was related to a knee injury.

At trial, the jury determined that Maggolc was negligent and that Mr. Roberson should recover a total of $532,294.54, consisting of: (a) past medical expenses of $17,294.54, (b) future medical expenses of $20,000.00, (c) pain and suffering, and other non-economic damages, of $250,000.00, (d) past lost earnings of $85,000.00, and (e) future lost earning capacity of $160,000.00. Maggolc did not challenge the liability or the award of damages, as it pertained to any category except the two earnings categories.

Maggolc appealed the jury’s award of lost earnings as speculative. Both parties agreed that Roberson’s presentation of evidence, as it related to lost earnings was limited to his testimony that he made approximately $80,000 per year as a personal trainer, working 6-7 days per week and that he expected to work as a personal trainer for about 8 more years. There was also some limited testimony regarding the time others witnessed Mr. Roberson working. Maggolc insisted that since Roberson did not file taxes and his income was primarily in cash that his lost income calculations were speculative and unsupported.

The Third District Court of Appeals considered the claims and held that there was no requirement that proof of lost earnings be substantiated by tax returns, bank accounts, receipt books, social security earnings history, client lists, appointment books, expense records or any other documentary evidence. The court noted that the issues were properly raised before the jury and that it was free to consider them as it weighed the credibility of the witnesses.

How to Prove Your Lost Wages

While you are not required to provide proof of your lost earnings to make a colorable claim in Florida, I would suggest that the Maggolc case is something of an oddity. In most cases, juries tend to believe documentary evidence over testimonial evidence. Therefore, in order to prove lost wages in a car accident case, it is best to rely upon tax returns, banking records, pay check stubs etc over taking the stand and admitting tax evasion.

The amount of time that you are out of work will be dependent upon the nature and extent of your injuries. The injuries suffered by Roberson resulted in a 7% disability rating, but due to the physical nature of his occupation, he was unable to ever return to work as physical trainer. Had he been a lawyer, he probably would have missed much less time and would have been able to return to work.

Contact a Car Accident Attorney at Jones Law Group

Have you or a loved one been injured in a car accident? Contact an experienced St. Petersburg car accident lawyer at Jones Law Group today. When you contact our law firm we will immediately set an appointment where you will meet your attorney and be provided with his/her personal contact information. If you do not have transportation or you cannot drive, your attorney will travel to meet you and discuss your case with you. We understand traumatic brain injuries and the issues that they can cause in your daily life and our law firm will always work to make sure you are compensated fairly.

Whether you were a pedestrian, a bicyclist, or the occupant of car, motorcycle or boat and have been injured in an accident, you should immediately call an experienced car accident attorney in St. Petersburg at Jones Law Group at (727) 571-1333 during regular business hours or (727) 753-8657 on weekends or after regular business hours. We will evaluate your case for free and you will never pay us a dime unless we recover compensation for your injuries.

Jones Law Group
5622 Central Avenue
St. Pete, FL 33707

https://www.jlgtampabay.com/personal-injury

References:

[1] https://scholar.google.com/scholar_case?q=florida+accident&hl=en&as_sdt=2,9&as_ylo=2013&case=5013843679131249877&scilh=0

Related Personal Injury Insights

bike accident

Your Motorcycle Accident Case

By: Heath C. Murphy + – Personal Injury A motorcycle accident can change your life. It can kill you or cause you a lifetime of pain and suffering. It is important to know what your legal options are if you or a loved one is involved in motorcycle accident. If you have been injured in […]

Thoughtful Judge

What is the Role of Expert Witnesses in a Car Accident Case?

Car accident victims, bike accident victims, and victims of other types of accidents caused by another’s negligence don’t get to pick witnesses. They’re present due to circumstances. However, accident victims can pick expert witnesses, whose presence can oftentimes make or break their case. Jones Law Group attorneys can find an expert witness who could provide […]

Two motorists exchanging information after a car accident with no injuries

Do I Need to Hire a Personal Injury Lawyer if I’m Not Injured?

Attorneys clarify when to hire a personal injury lawyer if you were not injured in an accident. Summary Contacting an attorney if you were hurt in a car accident is the sensible thing to do, but you may wonder, “Do I need to hire a personal injury lawyer if I’m not injured?” Below, we’ll address […]

Personal Injury Case

How Failing to Follow Medical Advice Can Affect Your Personal Injury Case

Failing to either seek medical treatment or to follow the advice of a doctor is one of the biggest mistakes someone who suffers an injury in an accident can make. Not only is it bad for their health, but it’s also bad for their personal injury case. An insurance company will do whatever it can […]

Traumatic Brain Injury

Traumatic Brain Injuries May Cause Dementia

By: Heath C. Murphy + – Personal Injury I have blogged about the dangers of suffering a head injury and the cognitive and emotional impairments that can be caused by head injuries, however new studies indicate a link between head injuries and early onset dementia. Some of the more common causes of traumatic brain injuries […]

Signing contract

How Are Car Crash Settlements Calculated?

If you’ve been involved in a car accident that resulted from someone else’s mistake, then you’re probably wondering how much money you can expect to receive for the damages, or losses, you’ve experienced. Insurance companies perform some fairly complex calculations when determining how much they’ll offer to injury victims. The following is a look at […]

Do you have a personal injury case in Tampa Bay, Florida?

Speak with us before time runs out! In Florida, you have a limited window to file a personal injury case, so speak to an Attorney today.

Call our personal injury law office directly at (727) 512-9847

Jones Law Group logo, Personal Injury Lawyer in St Petersburg Florida

Jones Law Group is a dedicated personal injury lawyer in St. Petersburg, FL, serving the Tampa Bay area since 2006. Our experienced attorneys specialize in car accidents, slip and fall cases, employment law disputes, construction law issues, and overtime wage claims, fighting for maximum compensation on a contingency fee basis. Contact us for a free consultation to discuss your case.

5622 Central Avenue, St. Petersburg, FL 33707

Call our personal injury law office at (727) 512-9847

© Copyright 2006–2025 Jones Law Group Attorneys at Law. All rights reserved. Privacy Policy Terms of Use 

Website by Hip Bip

Attorney Advertising.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past results do not guarantee similar outcomes.

5 things to do after a florida accident by JLG Law in St Petersburg

Don't miss this checklist of what you need to do after your accident.

See the things you NEED TO DO after your accident. Get the 5 to-do's sent directly to your email.

GET A 100% Free Consultation today
TELL US ABOUT YOUR SITUATION
or Call us directly at (727) 571-1333
1
Step
2
Step
3
Step
4
Step
5
Step
6
Step
Have you suffered from any of the following?*
What type of accident was it?*
How long ago did it happen?
tell us about your personal injury for a
100% Free Consultation today
or Call us directly at (727) 571-1333
1
Step
2
Step
3
Step
4
Step
5
Step
6
Step
Have you suffered from any of the following?*
What type of accident was it?*
How long ago did it happen?