The Importance of Accounting for Future Losses

In many personal injury cases, the damages you suffer don’t end with the initial hospital visit or the first missed paycheck. Long after the injury occurs, you may still be dealing with medical appointments, lost income, diminished earning capacity, or ongoing pain that affects your daily life. Future losses—sometimes referred to as future damages—are meant to address these ongoing hardships.

Florida law allows injured plaintiffs to recover not only for past and current losses but also for anticipated future damages. To receive this compensation, however, the future impact of the injury must be proven with a reasonable degree of certainty.

Types of Future Losses Recognized in Florida

In personal injury cases, future losses typically fall into two main categories: economic damages and non-economic damages.

Future Economic Damages may include:

  • Ongoing medical expenses (surgeries, rehabilitation, medication, physical therapy)
  • Lost future wages due to inability to return to work or reduced work capacity
  • Costs of future in-home care or assistive devices
  • Necessary modifications to a home or vehicle due to a disability

Future Non-Economic Damages include:

While economic damages are often more straightforward to quantify, non-economic damages can be harder to calculate and often require persuasive testimony or expert evidence.

Medical Expert Testimony Is Key

To justify future medical costs, courts typically require a qualified physician or specialist to testify about the ongoing treatment the plaintiff is likely to need. This isn’t speculative guesswork—it must be supported by objective medical evidence.

For example, if a doctor testifies that a plaintiff will need physical therapy three times a week for the next two years at a cost of $200 per session, those numbers can be projected and calculated over time. The court will also account for inflation and the likelihood that costs will increase in the future.

In Florida, medical experts must meet the standard set by the Daubert Rule, which ensures that their testimony is based on reliable methods and scientific principles.

Projecting Future Lost Earnings

Calculating future lost income involves more than just multiplying a current salary by the number of expected years out of work. Instead, Florida courts consider several factors:

  • The plaintiff’s age, education, and work history
  • The type and severity of the injury
  • Career trajectory before the injury
  • Potential promotions or career advancements that are now no longer possible

Often, a vocational expert is brought in to evaluate the plaintiff’s pre-injury job prospects and compare them to post-injury limitations. An economic expert may then estimate the financial impact over time, adjusting for inflation, wage growth, and the present value of money.

Florida law requires that future economic damages be reduced to present value, meaning the court must calculate how much a lump sum payment today would be worth over the projected period of loss.

Calculating Non-Economic Future Losses

Unlike lost income or medical costs, there’s no receipt or spreadsheet for future pain or emotional suffering. Still, these losses are real—and compensable.

Florida juries are instructed to weigh evidence such as:

  • Medical records documenting pain levels
  • Psychiatric evaluations
  • Testimony from family, friends, or caregivers describing how the injury has changed the plaintiff’s life
  • The duration and severity of the injury and whether it is expected to improve

Judges and juries may apply a multiplier method, where a base economic loss is multiplied by a number (typically 1.5 to 5) based on the severity of the injury. However, this method is more common in pre-trial negotiations than in court awards, which are often determined at the jury’s discretion.

Why Accurate Future Loss Estimates Matter

In Florida, once a personal injury claim is settled or resolved in court, you cannot return later to request more money. This is why estimating future losses accurately is essential—particularly in catastrophic injury cases involving long-term disability or chronic conditions.

If a settlement fails to account for future costs, you may find yourself facing substantial out-of-pocket expenses years later, with no legal remedy to seek additional compensation.

Challenges in Proving Future Losses

While Florida courts permit future damages, they must be proven to a “reasonable degree of certainty.” This means:

  • Vague or speculative testimony is not admissible
  • Plaintiff must show that future care, losses, or limitations are more likely than not to occur
  • Evidence should be supported by credible expert analysis, not just personal opinion

Insurance companies will often challenge these projections aggressively. They may argue that the plaintiff’s condition will improve with time or that they can return to work in some capacity. That’s why having strong documentation and expert support is essential.

The Role of Legal Representation

Because the calculation of future losses is nuanced and heavily reliant on expert evidence, having an experienced personal injury attorney can make a meaningful difference. An attorney will:

  • Coordinate with medical professionals and financial experts
  • Ensure proper documentation of anticipated expenses
  • Push back against insurance company tactics that undervalue your claim
  • Build a persuasive case for long-term damages that reflects the full scope of your injury

Conclusion

Future losses can represent the largest share of damages in a Florida personal injury case, especially when an injury leads to long-term disability or chronic medical needs. By working with knowledgeable experts and experienced legal counsel, injured plaintiffs can pursue compensation that reflects both their current and future realities. When calculated properly, these future damages can help safeguard your financial and emotional well-being for years to come.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

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