Loss of Earnings/Diminished Earning Capacity

When you are injured in an accident, you may incur substantial lost wages while you are recovering. You rely on your ability to earn money to provide for your needs. When someone takes that ability away because of their reckless and negligent acts, you could be entitled to compensation for your losses. 

Our Tampa personal injury lawyers help victims recover damages in personal injury cases. If your ability to work has been negatively impacted by an accident or injury, call now to discuss how we can help you pursue a claim for lost income and other damages as a result of the injury.

Claims for Loss of Income Caused by Personal Injury

Claims for loss of income may stem from numerous personal injury claims. Examples of cases that could result in a lost wages claim include, but are not limited to:

A loss of earnings claim may also include loss of future income and lost earning capacity. Future losses may be more difficult to prove. Still, with the help of expert testimony and vocational experts, it is possible to show that your injury impaired your ability to work.

Filing Claims for Lost Wages and Benefits

If you cannot work because of your injuries, you should be entitled to compensation for the income and benefits you would have earned had you not been injured. First, you must prove that you could not work because of your injuries. Second, you must prove the amount of your lost income and benefits.

Your doctor should provide a statement explaining the periods of time you were unable to work because of your injury. In addition, the statement must include detailed explanations of how the injury prevented you from performing the specific tasks associated with your employment. In many cases, we obtain a copy of your job duties from your employer so that your doctor can address each of those required duties in his statement.

Proving how much you would have earned can be complicated. We calculate your losses by multiplying your missed work hours by your hourly wage if you earn a straight salary. However, if you received bonuses, earned vacation time, commissions, and other benefits, it might be more of a complex process. 

Our legal team routinely consults with financial experts who assist in calculating the value of your lost wages when there are issues that complicate the case.

Filing Claims for Loss of Future Income and Loss of Earning Capacity 

If you sustained a permanent impairment or disability because of the accident, your working life might be cut short. You might not be able to work because of a disability. If so, you could be entitled to compensation for future lost wages.

Likewise, your injury may result in an impairment that limits your ability to work. If so, you might claim damages for diminished earning capacity.

For these claims, our legal team works with medical experts to evaluate the extent of your injuries to prove that your injuries prevent or limit you from working. We also work with economists and financial professionals to estimate the amount of money you would have earned had you returned to work after the injury.

The amount of your loss of wages claim depends on several factors, including:

  • Your age and overall health
  • The anticipated age of retirement
  • The severity of your impairment or disability
  • Your career, education, skills, and experience
  • Whether you hold specializations or other certifications
  • The type of work you perform
  • The anticipated outlook for your job
  • Anticipated rate of inflation in future years

An economist can project how much you would have earned based on these and other factors. It is essential to have expert witnesses when seeking a claim for future loss of income.

Don’t Forget – You Must Prove Fault to Recover Lost Income

Proving your claim for loss of income depends on proving your claim for liability. You must first prove that the other party caused your injury and your injury led to the lost wages.

Negligence requires you to prove the following elements:

Once you prove liability for your case, you should be entitled to compensation for several types of damages. However, proving liability could be an uphill battle, especially if the insurance company and the other party disputes fault. Consulting with a personal injury attorney as soon as possible after an accident is generally the best way for you to protect your right to fair compensation for injuries and damages. 

Call Now for a Free Consultation with an Experienced Tampa Personal Injury Lawyer

Were you or a family member injured in a Tampa accident? If so, the legal team of Catania & Catania, P.A. is ready to help you get the money you deserve for your injury claim. 

Call now to schedule a free consultation with one of our experienced personal injury attorneys in Tampa, FL. You can discuss your case in detail and learn about your options for recovering compensation from the party who caused your injury.