It has been reported that Sharrif Floyd, a former Minnesota Vikings defensive tackle, will sue the notable surgeon who he claims prematurely ended his NFL career. Floyd is claiming damages of $180 million, an amount described as his lost future earnings in the NFL.
Many have questioned the reasonableness of the reported claim. While NFL players are certainly among the most highly compensated members of society, reaping benefits from both their player contracts as well as lucrative endorsement deals, a proper lost profits claim would consider a number of factors, at least some of which do not appear to be appropriately considered in this extraordinarily high damage claim:
- Reasonable expectations for future contract renewals and endorsement deal values
- Floyd’s otherwise expected remaining worklife as an NFL player
- Incremental costs of Floyd’s future income (e.g. deductions for percentages paid to agents, publicists, etc.)
- An offset for any replacement income
- A proper discount rate on any future loss amounts
Damages experts are normally employed to calculate these amounts and provide expert witness testimony in litigation.