No, according to the case law as of the date of this article, Florida does not recognize a claim for future loss of earnings. However, it does recognize a claim for lost earning capacity.
“Florida law does not recognize a claim for future loss of earnings” but does recognize a claim for “damages for loss of earning capacity.” W.R. Grace & Co.–Conn. v. Pyke, 661 So.2d 1301, 1303–04 (Fla. 3d DCA 1995). “The purpose of a jury’s award of damages for loss of any future earning capacity is to compensate a plaintiff for loss of capacity to earn income as opposed to actual loss of future earnings.” Id. at 1302. “[T]he appropriate test is to permit the recovery of future economic damages when such damages are established with reasonable certainty.” Auto–Owners Ins. Co. v. Tompkins, 651 So.2d 89, 91 (Fla.1995). “A plaintiff must demonstrate not only reasonable certainty of injury, but must present evidence which will allow a jury to reasonably calculate lost earning capacity.” W.R. Grace & Co.–Conn., 661 So.2d at 1302; see also Allstate Ins. Co. v. Shilling, 374 So.2d 611, 613 (Fla. 4th DCA 1979) (holding that evidence of “some degree of permanent injury is sufficient” but that there also must exist “some basis upon which the jury can reasonably assess damages”).”
See: Truelove v. Blount, 954 So. 2d 1284 (Fla. Dist. Ct. App. 2d Dist. 2007)
Related (From Alan’s injury blog):
_________
Do you have questions or comments? Then please feel free to send us an email or call him now at (954) 458-8655.
If you found this information helpful, please share this article and bookmark it for your future reference.