When you suffer an injury as a result of another person’s negligence, you may immediately be concerned about the cost of the medical care you will incur. However, as time progresses and the severity of your injury comes to fruition, your concerns may shift to how you will earn a living. If you are unable to return to work in your previous capacity, this blog explores what you should know about seeking compensation for lost earning capacity and how to prove these losses with the assistance of an Ouachita Parish, Louisiana personal injury lawyer to assist you through these difficult times.
What Is Lost Earning Capacity?
Unfortunately, some injuries may only heal to a certain extent, meaning the victim may never fully recover. Depending on the circumstances of the injury, it can inhibit your ability to return to work in your previous capacity or return to work at all. As you can imagine, returning to work in a reduced capacity often means that the income you earn will be reduced, which can leave you in a tough financial position. However, you can seek compensation for your lost earning capacity when filing a claim against the negligent party.
It’s important to understand that lost earning capacity and lost income are not the same. Lost income represents the wages you would have otherwise earned had you not suffered the injury and been out of work. For example, if you break your leg in a car accident and cannot work for two weeks, you can file a claim for the wages you would have earned during that period. Lost earning capacity, on the other hand, represents the future wages you are now unable to earn as a result of the accident and your subsequent injuries.
How Do I Prove These Damages?
If you have suffered lost earning capacity as a result of the injuries you have suffered, it’s important to understand what you can do to prove these damages. Generally, one of the most important steps you’ll need to take is connecting with an experienced attorney to assist you through this process.
When working with an attorney, they can help you gather the necessary information to show the extent of the damages you’ve endured and how it impacts your ability to do your job. This includes gathering your medical records and discussing matters with your employer. To prove the impact this has had on your ability to earn money, your attorney may call on expert witnesses to testify on your behalf. This includes vocational experts who can explain how the injuries inhibit your ability to do the tasks required of your job, as well as expert accountants who can help calculate the value of your lost wages while taking matters like bonuses and raises you were set to receive into consideration.
As you can see, navigating these matters can be incredibly difficult, which in why it’s in your best interest to connect with an experienced attorney with Breithaupt, DuBos, & Wolleson, LLC to explore your legal options. Contact us today to learn how we can assist you.