Greene Broillet & Wheeler, LLP
Lost earning capacity versus lost wages claims

Understanding the various claims that can be made for economic restitution in a personal injury suit is an essential component of being made whole following a car accident that has left you injured. Two kinds of claims which are often confused with each other are “lost earning capacity” claims and “lost wages” claims.

In the event of personal injury, a plaintiff may successfully seek damages for lost earning capacity if he or she can prove that the injury has had a negative effect on his or her ability to earn an income in the future. The court will consider factors such as the plaintiff’s wellness before and after the injuring accident, the plaintiff’s age and life expectancy, the occupation and experience of the plaintiff, as well as any special skills and training that were acquired prior to the accident. Documentation of past earnings can be instrumental in the court’s decision, however, the emphasis of the claim is primarily the earnings an individual may have lost due to the injury.

Contrastingly, a lost wages claim is concerned with money that a plaintiff was unable to earn from the date of the injury extending to the date of the judgement. Even if an individual was unemployed at the time of the accident, he or she may be allowed to recover some equivalent lost wages, supposing that he or she can demonstrate what they could have earned could have earned in that time period without an injury.

Any kind of injury from a car accident can be a frustrating ordeal to recover from, regardless of the severity of the injury or property damage. The guidance of an experienced legal professional can help ensure an equitable outcome for all parties involved.

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