If an accident hinders a claimant’s ability to progress in their work, they may pursue damages for lost earning capacity. These damages are pretty common in car accidents that lead to partial or complete disability or severe injuries.
Like other damages, it is the responsibility of the plaintiff to prove that the injuries that they suffered in the accident were serious enough to impact their work. This emphasizes the need for car accident attorneys who know the system inside out and would be better able to assist you in proving loss of earning capacity.
The sections below discuss how a car accident victim can prove their inability to work like they used to after the accident. Read on.
Proving Loss of Earning Capacity
Comprehensive documentation is essential to establish the loss of earning ability. This includes keeping track of all prescriptions, doctor appointments, and medical procedures. Monitoring how your injuries impact your day-to-day activities and employment is critical.
For example, if you are a construction worker injured in a vehicle accident, your injuries may make it difficult for you to lift large objects and use heavy equipment. Maintaining an extensive journal that documents the day-to-day challenges you encounter personally and at work might yield compelling proof of how the accident has affected your ability to make a living.
Apart from the above, to support your claim, you must examine and evaluate several criteria, such as your prior employment history, educational background, skill set, and the seriousness and consequences of your injury. You will also need to project your field’s potential revenues.
Since lost earning capacity is a projection of potential losses rather than actual losses, proving lost earning capacity is tricky. You may be required to present testimony from expert witnesses to strengthen your claims. The experts you may have to reach out to include:
- Your employer: A company representative may discuss company policies, work performance, and promotion. They can also provide evidence on the type of work you used to do and the number of hours you used to work.
- Healthcare professionals: A physician can talk to you about the severity of your injury, how long it will take to heal, and how it can affect your mobility and cognitive functions (and, consequently, your ability to work).
- Economic analysts: An economist can discuss the financial patterns in your industry and the money you would probably lose out on if you were unable to work.
- Career experts: These experts can offer valuable perspectives on the abilities needed to execute your prior role and potential career paths (if any) in light of your injury.
Whether a victim’s estimates of their damages are credible is ultimately up to the jury to decide. A victim’s age, overall health, line of work, and earnings before and after the injury are considered while calculating damages.
The Importance of Legal Representation
Car accident cases are complicated. Having to deal with nagging insurance companies while treating your injuries is an impossible task. This is why it is recommended to seek the services of an experienced car accident lawyer. These legal professionals help prove all elements related to car accidents, including lost earning capacity. With a car accident attorney by your side, you can be sure of getting fair compensation for your losses.