When you sustain an injury due to the negligent actions of another person, you may be devastated to learn that the severity of the injuries prevents you from returning to work in your previous capacity or at all. Unfortunately, this can leave you with a considerable financial burden. As such, if you pursue a claim against the negligent party, you can seek lost wages as a result. The following blog explores what lost earning capacity is and the steps you should take to fight for the justice you deserve with the assistance of a Tom Green County, Texas personal injury lawyer to help you during these complex matters.
What Is Lost Earning Capacity?
After an injury occurs, someone may experience what’s known as a reduced or lost earning capacity. Generally, this refers to the victim’s inability to earn income at the same level they did before their injury. This can have a considerable impact on the compensation a victim receives should they pursue a claim against the party responsible for this damage. It’s important to understand that this differs from lost wages. Lost wages represent the compensation the injured party would have earned during the period in which they were healing from their injury, while lost earning capacity represents the loss of future income
What Must I Do to Prove This Loss?
Despite the fact that this is a calculable expense, the defense will likely do everything in its power to reduce the value of this damage. As such, you must take the necessary steps to prove the value of your lost earning capacity. Generally, you’ll need comprehensive documents showing the income you were earning before your injury to help prove your general income. In addition, you’ll need the testimony of your doctor to explain the extent of your injuries, while a vocational expert can explain how these injuries impact your ability to return to your job in your previous capacity. In some instances, they may explain how your injuries prevent you from working at all. Finally, an expert accountant may be necessary to help calculate the cost of your lost earning capacity, as it may need to be adjusted based on inflation.
You should also note that it is possible to seek compensation for future promotions. To do so, your employer would likely need to testify and provide prior reviews or internal communications to show that you were being considered for a promotion and pay raise.
As you can see, fighting for the income you should have earned can be an incredibly difficult process, which is why working with an experienced attorney is critical. At the Mathis Law Firm, PLLC, we understand how overwhelming these matters can be. That is why our firm is dedicated to helping you fight for the best possible outcome when you are hurt. Connect with us today to learn how we can assist you.
