When someone is injured due to another party’s negligence, they may be entitled to compensation for more than just medical expenses and pain and suffering. One often-overlooked but critically important element of damages is loss of earning capacity. At Peter Michael Law, we help clients across New Jersey understand and recover the full value of their claim, including future financial losses.
What Is Loss of Earning Capacity?
Loss of earning capacity refers to the decrease in a person’s ability to earn income in the future due to a permanent or long-term injury. This is different from lost wages, which cover the actual income you missed while recovering from your injuries. Earning capacity looks forward, taking into account how your injuries will impact your career, potential promotions, or ability to return to your previous line of work.
Examples of Loss of Earning Capacity
- A construction worker suffers a spinal injury and can no longer do heavy labor.
- A nurse experiences nerve damage that prevents her from performing delicate procedures.
- A graphic designer sustains traumatic brain injury affecting memory and concentration.
In each case, even if the person can still work in some capacity, they may earn significantly less than they did prior to the injury.
How Is Loss of Earning Capacity Proven?
To build a strong case, your attorney must demonstrate that:
- Your injury is long-term or permanent.
- It limits your ability to work in your prior field.
- You are unlikely to earn the same income as before.
This often involves testimony from:
- Medical experts to confirm the extent of the injury and limitations.
- Vocational experts to assess your job skills, career prospects, and job market opportunities.
- Economists to estimate the long-term financial impact based on your age, experience, and education.
Why This Matters for Your Case
Insurance companies often try to minimize or deny claims for loss of earning capacity because it involves future damages that can be complex to prove. That’s why working with an experienced personal injury attorney like Peter Michael is essential. We understand how to document your losses, build strong evidence, and fight for every dollar you deserve.
Get Legal Help from a Trusted New Jersey Personal Injury Lawyer
If you’ve been seriously injured and are worried about how your injury may affect your ability to earn a living, don’t settle without understanding your rights. At Peter Michael Law, we have a proven track record of helping injured individuals in Union, Jersey City, and throughout New Jersey recover maximum compensation.
