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Loss Of Earning Capacity


Being involved in an accident is a traumatic experience that can disrupt your life and future. For example, an accident-related injury can result in you being unable to work in the future or you having to change careers. Suppose an accident-related injury results in you being unable to work at all in the future or having to change careers. In that case, you may be eligible to recover damages for loss of earning capacity. Indeed, proving loss of earning capacity can be difficult, but an attorney can help you. This aspect of your personal injury claim can be quite substantial, so if you believe your future earning capacity has been adversely affected because of an injury you suffered in an accident that was someone else’s fault, it is vital that you speak to an attorney.

What Is Loss of Earning Capacity?

An individual’s earning capacity is the amount of money they are capable of making in the future. So, loss of earning capacity refers to when a person loses the ability to earn the amount of money they would have earned in the future because of an injury. Usually, loss of earning capacity arises when a person suffers severe injuries that result in them being disabled or having to get into a different line of work. For instance, an individual who worked in a position that required them to have stable hands, such as the position of a surgeon, who suffered an injury that left them with weakness in their hands, might not be able to return to the same type of work. If such an individual is forced to find alternative work, they can be compensated for the loss of earning capacity.

Lost Wages

Some people confuse loss of earning capacity with lost wages. The two may appear to mean the same thing, but they don’t. After an individual suffers injuries in an accident, they may take time off work to recover from the injuries. Lost wages arise when you take time off work to recover from injuries. Lost wages are not based on the amount of money you will lose in the future. Instead, they are based on the amount of money you will have lost by the time of your personal injury claim filing.

Why It Is Difficult To Prove Loss of Earning Capacity

It is hard to prove loss of earning capacity because proving such a loss involves making reasonable predictions about a victim’s workability and possible earnings in the future. Lost future earnings are more speculative. However, an attorney can help you prove the loss of earning capacity. For example, a lawyer can help you find an expert witness who can review your case and make estimates about how your future earnings would have looked if you had not suffered an injury and how they will likely look like now that you have an injury. An attorney can also help you find a medical expert witness who can explain to the court how your injury is likely to affect your future.

Contact Us for Legal Help

Our Fort Myers personal injury attorneys at The Pendas Law Firm can help you determine if you are eligible to be compensated for the loss of earning capacity. We can help you prove the loss of earning capacity and calculate lost future earnings. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Tampa, Jacksonville, Miami, Bradenton, Daytona Beach, West Palm Beach, Orlando, Ocala, and Fort Lauderdale areas.



Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald