If you have been harmed in an accident because of another party’s negligent actions, you may seek compensation for the damages you incurred. Although it can be easy to calculate some of these damages, proving your loss of earning capacity can be harder. Skilled injury attorneys Huntington Beach can explain to you how a loss of earning capacity can be calculated following an accident and whether you can recover these damages. You can learn more about your legal options during your initial consultation.
What is Loss of Earning Capacity?
This type of damage refers to the income you will reasonably lose due to your accident-related injuries. It is different from lost income because the latter refers to the wages and benefits you have lost because of your inability to work as you recover from your injuries. Loss of earning capacity refers to the value of the loss of the wages you will earn in the future. For instance, if you sustained a serious injury or disability in a car crash, you may not be able to work in a similar capacity as before. A loss of earning capacity claim is based on the wages you would have earned in the future had you not been injured in an accident.
Calculating Loss of Earning Capacity
This type of accident-related damage is calculated based on your ability to earn money following an injury. To determine your loss of earning capacity, your attorney will consider factors like your age, health, occupation, skills, education, work history, field experience, promotion and raise records, and others.
Proving Loss of Earning Capacity
It is can be hard to prove loss of earning capacity since it’s usually subjective and may require testimony from experts. To recover these damages, your lawyer should provide proof of the negligence of the at-fault party, the future earnings impaired due to your injuries, your reasonably earning capacity if you hadn’t been in an accident, and your projected future earnings now due to your injury. Your lawyer may also need your employment records and tax returns to substantiate your damage amount.
If you suffered an injury in an accident because of the carelessness of another person or entity, you may no longer be able to earn a living. This makes it important to seek legal assistance. A great lawyer can file a personal injury claim for you and seek compensation for the damages you have sustained.
