US-New YorkCan I recover future lost earnings in a personal injury case?
Yes, you can recover future lost earnings in a New York personal injury case if you prove they are reasonably certain to occur and can be calculated with reasonable certainty.
What the Law Says
New York law permits recovery of future lost earnings as part of compensatory damages in personal injury cases. The key requirement is that the loss must be proven with reasonable certainty—not mere speculation.
Future lost earnings refer to income you would have earned after the trial but for the injury—such as wages, bonuses, promotions, or self-employment profits you’re likely to miss over time.
Courts require evidence showing both the *likelihood* and *amount* of future losses. This often includes medical testimony about permanent disability, vocational experts on work capacity, and economists who calculate present value.
The law does not require mathematical precision—but it does demand a rational basis grounded in facts, not guesswork.
Statutory TextDamages may be awarded for loss of earnings which has been incurred and for loss of earnings which, in the opinion of the jury, will probably be incurred in the future.
— N.Y. Civ. Prac. L. & R. § 4101(a) — Damages for loss of earnings
Statutory TextThe plaintiff has the burden of establishing with reasonable certainty the extent of his future loss of earnings.
— N.Y. Pattern Jury Instructions 2:235 — Future Lost Earnings
What Courts Have Said
New York courts consistently emphasize that future lost earnings must rest on more than conjecture—they require credible, fact-based projections.
The Court held that future lost earnings must be established with 'reasonable certainty' and rejected speculative claims unsupported by expert or factual evidence.
Affirmed that an economist’s testimony calculating future wages using work-life expectancy tables and inflation adjustments met the reasonable certainty standard.
What to Do
Gather past tax returns, pay stubs, and employer statements to document pre-injury earnings.
Obtain medical reports confirming permanent limitations affecting your ability to work.
Consult a vocational rehabilitation expert to assess your post-injury earning capacity.
Hire an economist to calculate future losses in present-value terms (discounted for inflation and earnings potential).
Present coordinated testimony from medical, vocational, and economic experts at trial.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.