How to Value the Loss of Earning Capacity after a Personal Injury Accident

If you are involved in an accident that has left you unable to go back to work, you have the right to pursue compensation for your lost wages and the loss of what you may earn in the future. The best way to determine what you may be able to recover is by speaking with a personal injury attorney regarding the value of your case.

personal injury

If you are involved in any type of serious accident, or suffer an injury because of someone else’s negligence, there are a number of damages you may be able to recover. One of these is the loss of earning capacity. Direct expenses, such as your medical bills, are important; however, what happens if you are permanently disabled and no longer able to work? How are you going to support your family down the road? This is where damages for the loss of earning capacity come in.

Loss of Earning Capacity in a Personal Injury Lawsuit

Claims related to a loss of earning capacity can have a significant effect on a person’s personal injury claim. Even though this type of compensation is more challenging to prove than direct expenses, hiring the right attorney can help ensure you have the best chance of recovering all the compensation you deserve.

There are a number of factors that can enter into loss of earning claims, which include:

  • What you are currently making
  • Expected salary increases and future raises
  • Income potential for the employment lifetime of the injured individual
  • Increases in your cost of living
  • Inflation

Why Do You Need a Personal Injury Attorney for these Situations?

Any type of claim for the loss of earning capacity can be extremely challenging to prove and are often contested. The other party is going to question what you would have done if you had not become disabled. You will also likely be questioned regarding whether or not you would have continued being able to earn at the same level or worked the same number of years. An attorney will know how to approach these issues and help ensure you get the settlement you deserve.

In cases that relate to loss of earning capacity, it is the responsibility of the plaintiff to prove how much you may have been able to earn if you had not suffered the injury. Your personal injury attorney can help you along the way. They will review the facts of the case and help you determine what you need to do to recover the compensation you deserve. If you have questions or need information about a loss of capacity to earn issue during a personal injury case, contact the attorneys at the Joubert Law Firm by calling 225-761-3822.

Additional Reading

How to Protect Yourself After being Involved in an Accident

What is a Personal Injury Case?


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