When you sustain an injury due to the negligent actions of another person, you may be worried about the impact this can have on your ability to continue working. Unfortunately, once you receive treatment, you may be devastated to learn you will be unable to return to work in your previous capacity as a result of the severity of your injuries. If this is the case, it’s critical to understand your right to seek compensation for lost earning capacity. The following blog explores what you should know about these matters, including the importance of working with a Sacramento personal injury lawyer to discuss your rights in these difficult times.
What Is Lost Earning Capacity?
When you are involved in an accident, it’s important to understand that the injuries you sustain can cause significant financial strain, especially if you are unable to work. However, it’s important to note that there is a considerable difference between lost wages, which represent the income you missed out on while you were injured and unable to work, and lost earning capacity.
In general, lost earning capacity reflects the reduction in earnings you are able to gain currently and in the future. This is generally the result of an injury that leaves you unable to return to work in your previous capacity or unable to work in any capacity.
Typically, to calculate your lost earnings, you would subtract your current wages, whether it be what you earn in a reduced position or your lack of income, from what you earned before your accident. However, additional factors, like whether or not you were slated for a promotion and raise, can also influence how much your damages are.
What Can I Do to Prove These Damages?
Unfortunately, though it may seem simple enough to calculate your losses, proving them to a court can be much more difficult. However, it’s necessary to understand that you are not alone in this process, as working with an experienced attorney can help you navigate these difficult times.
One of the first things your attorney can do is help you gather the necessary evidence to show the impact the injury has had on your ability to work. This includes your medical records and pay stubs. This can illustrate that the reduction in your earnings coincides with the injuries you sustained. Additionally, the medical report can detail different impacts the injury will have, such as a reduced range of motion or chronic migraines as a result.
Your attorney can also help you connect with expert witnesses who can testify on your behalf. This includes vocational experts who can help explain the impact your damages have had on your ability to work and whether or not you are eligible to work in a different or reduced capacity, as well as economic experts who can help calculate your lost earning capacity while taking factors like raises, bonuses, and inflation into consideration.
As you can see, this process can be incredibly difficult to navigate on your own. That is why it’s in your best interest to connect with the team at the Law Offices of Dale R. Gomes. Our firm understands how overwhelming these matters can be, which is why we will do everything in our power to help you recover the compensation you deserve. Connect with us today to learn how we can assist you during these difficult times.
