In some cases, the physical injuries suffered from an accident will go away. But what about the surgery you may need next year? What about the work you can no longer perform because of being in constant pain? What about the time with your family that your injuries will take from you?
These concerns should be a big part of your personal injury claim. Future impacts are usually overlooked in settlement negotiations. Below, this personal injury lawyer in Plant City, Florida is going to explain how you can calculate your future losses after an injury.
This is what your future losses could look like after an injury.
Future losses cover the costs and hardships you will face after settling your case. Once you sign a final agreement, you usually can’t ask for more money in the future. That makes it extremely important to estimate your losses correctly the first time.
Future losses include medical costs for surgeries, medications, therapy, and long-term care. They also cover lost earning power if your injuries affect your ability to work. There are also harder-to-measure losses like ongoing pain, emotional distress, and loss of enjoyment in life or hobbies.
How are future losses calculated?
First, medical experts review your condition and recommend future care. Their input forms the base for future medical costs.
Next, vocational experts study how your injury impacts your career. They see if you can return to your job, need training for a new one, or will earn less. Economic experts then calculate how this change affects your future earnings by considering age, education, and expected work life.
Mental health experts also help by documenting emotional trauma like anxiety, depression, or PTSD. Their reports support claims for pain, suffering, and loss of enjoyment of life.
Your future losses need to be translated into present value.
Under Florida law, specifically Florida Statutes § 768.78(1)(a)(1) and § 768.77, future economic damages must be reduced to present value. In other words, you need to calculate what a future expense is worth in today’s money.
You must get this number right. If future damages are discounted too much, you may not have enough to cover your future needs. If they are discounted too little, the award could be too large, and you may face legal challenges.
An experienced personal injury lawyer in Plant City, Florida will work with financial experts to make sure that your future damages are calculated properly and fairly.
Your legal team can value life changes that are hard to measure.
It is easy to add up hospital bills. But how do you put a value on missing out on your hobbies, struggling with daily pain, or changes in your family life? Florida law allows compensation for these non-economic harms, which include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of companionship.
There are two ways to calculate this. In the multiplier method, a multiplier (usually 1.5 to 5) is applied to total economic damages. The more serious the injury, the higher the multiplier. In the Per Diem method, a daily dollar amount is assigned for suffering and multiplied by the number of days the person is expected to suffer.
Your future losses must be supported with clear evidence.
Florida courts require proof that future losses are likely to happen. Losses that are unlikely or unsupported are called speculative damages and will not be awarded.
In personal injury cases, the plaintiff must show that future losses are more likely than not to occur. This applies to medical costs, lost earnings, and non-economic harm.
Your lawyer will present expert testimony and detailed forecasts to prove future damages. These may include life-care plans, treatment schedules, cost projections, and psychological assessments. Personal journals or witness statements can also help document ongoing pain or reduced quality of life.
Without strong proof, courts will likely view future losses as speculative and reduce or deny them. Florida appeals courts have reversed awards where plaintiffs failed to show that future medical procedures were likely to happen. Courts will not guess about future damages.
A good personal injury lawyer in Plant City, Florida will coordinate with experts to gather and present the necessary evidence. When done well, this can help you achieve full and fair compensation.
Looking for a Personal Injury Lawyer in Plant City, Florida?
If you’ve been injured and have questions about how your future needs will be covered, now is the time to meet with an experienced personal injury lawyer in Plant City, Florida that can help you understand your options. That’s where Tonya Stewart and her legal team at Tonya Stewart Law PA can help. Contact us today at (863) 279-4473 to request a free case evaluation.