- January 6, 2020
SAN FRANCISCO — If you’ve been injured in an accident, you could be owed damages for pain and suffering, along with future loss of earnings. Many victims of accidents (which include car accidents, medical injuries, slips, trips, and falls) are not aware that they can collect future loss of earnings when filing a personal injury claim. Often called “impairment of earning power” or “loss of future earning capacity,” a Bay Area personal injury lawyer says you can claim damages for future loss of earnings if the aftereffects of a car accident hinder your future ability to make a living. If your working ability is even partially affected, you’re entitled to damages to compensate for that reduction in your earning capacity.
How is Future Loss of Earnings Calculated?
Future loss of earnings is calculated based on an individual’s earning potential, not on their wages received before the accident. A personal injury lawyer in San Francisco says a judge or jury can estimate the difference in earning capacity that an person could potentially make against what they can now earn with their injuries. Whether that person is currently working or not is irrelevant. The judge analyzes the differences between what they would’ve been capable of earning if the accident had not happened, against what their earning potential is after the accident.
The plaintiff (injured party) doesn’t need to be immobilized entirely as a result of the accident that led to their personal injury claim to collect future loss of earnings. The extent of their injuries don’t reduce or cancel their request for future loss of earnings. However, in the event that the court believes the injured party had pre-existing conditions or had somehow contributed to worsening their injury, the award might be revoked or reduced.
Factors That Affect Your Claim for Lost Future Earnings
In a case to recover lost future earnings, the judge or jury may use the testimony of an expert witness providing a professional opinion on what physical restrictions were produced by the accident and the possible consequences those restrictions will have on your earning ability. This testimony, combined with financial documentation that supports your claim to lost future earnings, are often key factors that determine the outcome of your claim.
While each case and jurisdiction might be different, preparing the following documentation can help determine the extent of your injuries and how much you could be owed:
- A projection of the income you expected to receive if you hadn’t been injured compared to a realistic forecast of what you now can expect to receive following the accident
- A breakdown of your prior or current employment responsibilities along with any future employment tasks you were qualified for while considering the restrictions that your injury has imposed
- A thorough evaluation of the injuries you’ve endured since the accident that led to your claim
- If you’re expected to suffer long-term injuries, provide a reasonable depiction of your effectiveness and limitations from a professional point of view after you’ve reached maximum recovery
Gathering this paperwork might be a daunting or tedious task, especially if you’re in pain from your accident. But this documentation organized and ready to present in court can make a big difference in the judge’s determination for your lost future earnings.
Experienced Personal Injury Lawyers in San Francisco
If you’ve been injured in an accident that’s affecting your future potential to make a living, you may want to contact a professional team of attorneys. When dealing with long-term pain and injuries caused by someone else’s negligence, every dollar can help you pay for future expenses, and those who seek representation recover 4-times more on average than those who aren’t represented by a personal injury lawyer in San Francisco.
If you choose to contact The Barnes Firm, their team of understanding and experienced Bay Area personal injury attorneys can help you maximize your personal injury recovery.
Call our personal injury lawyers for a consultation today. At The Barnes Firm, consultations are free, and their No Fee Promise offers peace of mind knowing that if they don’t win your case, you don’t owe a dollar.
The Barnes Firm (800) 800-0000