When you are involved in an accident due to the negligence of another person, whether it’s a car crash or a slip and fall, one of the primary concerns you may have is the impact these injuries can have on your finances, as it’s no secret that medical care can be expensive. However, the situation can grow more dire if your injuries prevent you from returning to work in your previous capacity. If this occurs, you are eligible to seek compensation for your lost earning capacity. The following blog explores what you should know about these matters, including the importance of working with an experienced Contra Costa County injury lawyer to help you explore your legal options and fight for the funds you deserve.
What Is Lost Earning Capacity?
First and foremost, it’s important to understand that lost earning capacity is much different from lost income. When you are injured and you lose income as a result of the injury, it generally represents the earnings you missed while you were out of work healing from the injury. For example, if the injury you endured was so bad you missed one month of work, you would be able to seek one month’s wages when filing a claim against the other party for this lost income.
Lost earning capacity, on the other hand, is different. This refers to the earnings you were projected to receive had you not been injured and left unable to return to work in your previous capacity. For example, if you are unable to return to work in any capacity, you can seek the full loss of income you’ve endured. If you are able to work in a reduced capacity, you can seek the difference between your prior earnings and your current income.
How Do I Illustrate This Loss?
If you have suffered loss of earning capacity, it’s imperative to connect with an experienced attorney. Unfortunately, this can be difficult to calculate, so obtaining legal representation is critical in the fight for the justice you deserve.
To prove the extent of your lost earning capacity, your attorney will gather several documents, like your medical records, employment history, pay stubs, and testimony from your employer, especially if you were set to receive a promotion or raise prior to the accident. This can help ensure that your income is accurately calculated to show that you’ve suffered a change in earning capacity as a direct result of the accident.
As you can see, suffering a loss of earning capacity is not something that should be taken lightly. That is why it is in your best interest to connect with an experienced attorney with O’Connor Law APC to help you fight for the justice and compensation you deserve. When you need assistance with these difficult times, our firm is here. Contact us today to learn how we can represent you.
