After an accident, you may be so badly injured that returning to work is not an option. While many can take PTO from their jobs to rest and recover, many others cannot. You might lose income when you need it the most. In serious cases, injuries are so severe that they affect the victim’s ability to earn an income indefinitely.
You may claim lost earning capacity as part of your damages if your injuries are expected to affect you in the long term or forever. Your injuries may mean you can no longer work at your full capacity or that you must transition to an entirely new field of employment in which you earn a lower salary. In a lawsuit, you can claim damages not only for the income you have lost but the earning capacity you no longer have.
Begin your case with a free legal review from our Arkansas personal injury attorneys by calling our offices at (479) 316-0438.
How Can I Claim Lost Wages and Earning Capacity in an Arkansas Injury Case?
Not only can you claim the wages you have lost since becoming injured, but you may also claim the capacity to earn wages that you might have lost because of long-term or permanent complications from those injuries.
Earnings Already Lost
First, we should calculate the earnings you have lost since becoming injured. Even a few weeks of being unable to work can be quite costly. These numbers may also give us an idea of your earning capacity. These numbers will vary based on your job and average income.
Future Lost Earnings
We should also determine the amount of your lost future earnings. If your injuries present long-term complications, you might continue to lose income long after the lawsuit is over. Our Arkansas personal injury attorneys may need details from your doctor about your injuries and prognosis to determine how long you may be unable to work, and to calculate these figures.
Your Earning Capacity or Potential
Determining your earning capacity is challenging because it can vary by individual and is somewhat subjective. We can account for your income or salary prior to your injury, as well as reasonably expected raises, promotions, or career advancements that would naturally lead to a higher income. Some people who work in high-paying fields have substantial earning capacity, and their claims may be valuable in court.
How Do I Prove Lost Earning Capacity?
Proving lost earning capacity can be challenging, but not impossible. We may need a variety of medical and financial records to prove your claims in court.
Proof of Income
First, we need some proof of your actual income. This may include recent pay stubs and information from your employer about your salary. We may also need information about where you work and how long you have worked there. Those in established, lucrative careers may be able to prove they had a significant earning capacity prior to their injury.
Evidence of How Injuries Prevent You from Working
We must present evidence that establishes your injuries prevent you from working or affect your ability to earn the same income you were previously capable of. If you can continue working after sustaining an injury but in a reduced capacity, we should present evidence of your new income. We should also be prepared to demonstrate how your injuries prevent you from returning to your previous field of employment.
Evidence of the Duration of Your Injuries
The longer you are injured, the more income you may lose, and the more your earning capacity may be affected. As such, we must present evidence of the duration of your injuries, especially if they are expected to last long past the completion of your lawsuit.
FAQs About Claiming Damages for Lost Earning Capacity in Arkansas
How Can an Injury Affect My Earning Capacity?
Bad injuries may come with long-term or permanent complications that negatively affect your ability to work. You might still be able to work, but in a lesser capacity with a lower income. You may sue for the lost earning capacity you once had, even though you are still able to work.
What Kind of Injuries May Affect Someone’s Earning Capacity?
A wide variety of injuries may affect your ability to work and earn an income. Typically, these injuries are severe and come with serious complications. Brain injuries, back and spine injuries, and injuries that affect your vision or hearing are common in cases involving damages for lost earnings and earning capacity.
Can I Claim Damages for Lost Earning Capacity in a Lawsuit in Arkansas?
Yes. Your earning capacity represents the income you were capable of earning before you were injured. To sue for lost earning capacity, we must present evidence of your former income, career trajectory, future expected raises or pay increases, and other information about your earning capacity. We must also demonstrate how your injuries have affected that capacity.
What Are Damages Worth in a Lawsuit for Lost Earning Capacity?
The value of damages for lost earning capacity varies based on your actual ability to work, the income you previously earned, and your career or field of employment. Plaintiffs who previously held high-paying jobs and reasonably expected to earn a high income for a long time may claim very serious damages.
How Do I Prove the Extent of My Lost Earning Capacity in a Lawsuit?
We need evidence of your income from before and after the accident. We must also present medical records about your injuries to prove that they have affected your ability to work and earn a living. In short, we may need extensive medical and financial information to prove your claims.
How Can an Attorney Help Me Claim Damages Related to Lost Earning Capacity?
Your attorney can help you gather evidence to prove your claims in court. They should also be able to help you articulate your case in legal terms, as claiming lost earning capacity is somewhat subjective and complicated to put into words.
Ask Our Arkansas Personal Injury Attorneys for Legal Help Today
Begin your case with a free legal review from our Fort Smith, AR personal injury attorneys by calling our offices at (479) 316-0438.