The Johnson Law Firm, LLC

How is lost earning capacity determined?

Individuals who are injured by the negligence of another often have to face significant losses. They may experience physical pain and suffering, as well as emotional turmoil. Yet, for many of these victims, the financial losses they incur are the most staggering. These damages can include medical expenses, rehabilitation costs, and lost wages.While medical expenses and lost wages may be relatively easy to calculate, lost earning capacity is a bit trickier. After all, calculating this figure requires a certain amount of speculation. Who is to say whether an individual would have been promoted or gotten a raise or even acquired a new profession with a higher salary? This is why a court and jury consider a number of factors when awarding damages for lost earning capacity.Many of these factors are common sense. For example, an individual's age, education, and profession can have a significant bearing on the trajectory of their income over time. Other factors that are taken into consideration by the jury include: an individual's talents, skills, and training. A jury may also consider the individual's earnings at the time they were injured, as well as how much they earned on average in the years leading up to the accident in question. Because there is a lot of speculation with regard to lost earning capacity, the matter is ripe for a multitude of legal arguments. This is one reason why it is often important for victims of car accidents to work closely with an attorney. A skilled attorney will not only know how to adequately present a victim's losses, but they will also know how to build a strong case. Therefore, those who have been injured by the negligence of another should consider discussing their unique set of facts with a qualified personal injury attorney they trust.

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The Johnson Law Firm, LLC

220 Salt Lick Road
Saint Peters, MO 63376

Toll Free: 877-244-1187
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