Case Value & Damages

What if I'm self-employed — how do I prove lost income?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
It's harder and these claims are routinely underpaid — but it's provable with the right documentation.

Without pay stubs, the proof has to be assembled.

What helps. Tax returns for several years before and after, showing the trend. Profit and loss statements. Invoices and contracts, including work you turned down or couldn't complete. Bank deposits showing the pattern. Client communications declining or postponing work. Records of substitute labor you had to pay for.

The structural problem. Insurers treat self-employment income as speculative and discount it aggressively. A W-2 employee's loss is arithmetic; yours requires an argument.

What strengthens it. Consistency — returns matching deposits matching invoices. A documented seasonal pattern where relevant. And in larger claims, a forensic accountant or economist, which is worth the cost when the loss is substantial.

What undermines it. Income historically underreported for tax purposes, which is a real problem because you generally can't claim more than you reported.

Start assembling early. Reconstructing two years of records at settlement is far harder than pulling them now.

Pull your returns and deposits now. Reconstruction later is much worse. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.