CHAPTER TWO

UNDERSTANDING YOUR INJURIES AND DAMAGES

Lost Income and Loss of Earning Capacity

If you are unable to work because of your injuries, you are entitled to claim the losses you suffer. In addition, if you have a disability that affects your future earning potential, you are also entitled to recover monetary damages for loss of the income you would otherwise have earned.

For example, suppose that you can no longer do the specific job you had at the time of the accident, but you find a job within your physical limitations that pays less than your previous job. In this case, you would be entitled to recover not only the income you lost from the old job, but also any future income you lose because you had to take the lower-paying job. If you are self-employed and your injury results in your being unable to do your job, you may need to hire someone to replace you. You may be entitled to compensation for the extra money you pay to that person during your recovery.

In addition to your lost income and loss of future earning capacity, you may be entitled to recover any loss of benefits, such as health insurance, pension plans, contributions, bonuses or other benefits directly associated with your employment.

An experienced personal injury lawyer will help you determine all of your financial losses so you are able to seek compensation for those losses. Your lawyer may need to hire experts, such as a vocational expert (an expert in employment opportunities) or an economist. These experts will review your financial and medical records, then calculate and predict the economic losses you have suffered from the accident. If you are self-employed, you can prove your economic losses through tax returns and other business documents.