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Evaluating Loss of Earning Capacity for Car Crash Victims

Posted on behalf of Phillips Law Group on Nov 10, 2021 in Auto Accidents

woman with injured leg on couchOne of the worst parts about some car crash injuries is they can limit a victim’s ability to work. Some victims are permanently disabled and unable to do any work, while others can do just a fraction of the work that they used to be able to do.

At Phillips Law Group, we know how devastating it can be to suffer an injury that limits your ability to work. We have helped many car crash victims secure compensation for lost earning capacity. If another’s negligence takes away or limits your ability to earn a living and support your family, you need compensation to help move forward with your life.

Below, our licensed attorneys discuss lost earning capacity and some of the factors that need to be weighed when attempting to value these damages. This is a complex issue, which is why victims should strongly consider hiring experienced legal representation. At Phillips Law Group, we do not charge upfront fees.

What is Lost Earning Capacity Worth?

Although lost earning capacity is a type of economic damage, determining its value is more complicated than determining the value of lost wages. If you missed work while receiving treatment or recovering from your injuries, you simply need documentation of the hours missed and your rate of pay. However, loss of earning capacity is more of a projection based on a variety of factors, including the victim’s:

  • Line of work
  • Education
  • Skills
  • Work history
  • Credentials and/or certifications the victim has obtained
  • History of promotions and raises
  • Projected career trajectory
  • Current pay rate and the pay rate for others in a similar line of work
  • Opportunity for advancement in this line of work

Every claim for loss of earning capacity is unique because each case is unique. Even if two victims are in the same line of work, they may have varying levels of education and varying skill sets. These differences can significantly impact the value of a victim’s claim for loss of earning capacity.

If you can still do work, your claim may still be worth a significant amount of money. Maybe your skills allow you to enter a different line of work. However, if the injury had not occurred, you would have been able to stay in the same line of work. Your new line of work may provide significantly less compensation, affecting your lifetime earnings.

Our experienced Phoenix car crash attorneys understand there are many things to factor into a claim for loss of earning capacity. We know how important it is to receive compensation for an injury’s effect on a victim’s future employment and career prospects.

We are ready to work with you to gather the evidence we need to determine what your lost earning capacity may be worth. This may include records about your education, employment history and other information.

We are prepared to bring in expert witnesses to help validate your claim. For example, a medical expert may be able to explain in detail how an injury affects a person’s ability to work. An economic expert may be able to explain what the victim’s earning capacity was likely to be if the injury had not happened and how that earning capacity was damaged by the injury.

There must be a direct link between a victim’s inability to work and the injury suffered in the crash, otherwise, the claim for loss of earning capacity is invalid. For example, you will need to show there are specific tasks you cannot perform because of your injuries. You may need to prove you took steps to try to treat an injury but were unsuccessful. You may need an opinion from an occupational therapist about what you can no longer do because of your injuries.

Phillips Law Group is Here to Help. Call Today

For nearly three decades, we have been helping car crash victims obtain compensation for their damages, including lost wages and lost earning capacity.

If you were injured and believe another driver may be at fault, give us a call today. There are no upfront fees or legal obligations. We are dedicated to pursuing maximum compensation for your damages.

Learn more by scheduling your free legal consultation. 1-800-706-3000

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