Recovering Damages for Loss of Earning Capacity

December 22, 2020

Bethlehem Back Injury Lawyers Working For You

Some accidents can lead to debilitating injuries, which may influence the damages that you can pursue in the subsequent personal injury lawsuit.  Debilitating injuries — such as serious back issues — can not only lead to severe pain and suffering but may also lead to impairments that make it difficult (if not impossible) to return to the career trajectory that one had pre-injury.

For example, if you’re a professional basketball player and you lose leg function in a car accident, then you will no longer have a future as a professional basketball player.  This could have significant impacts on your income and must be reflected in the lawsuit’s overall damages.

Let’s take a closer look.

Loss of Earning Capacity — Proving Impairment

In Pennsylvania, “loss of earning capacity” damages track one’s actual, post-injury ability to earn in the future, and compares it to what they could have earned had they never been injured.

This can be difficult to establish, and the plaintiff and defendant may disagree vehemently over the numbers.  For this reason, it’s important to secure valuable expert testimony, gather all necessary evidence (such as pay stubs), and evaluate all relevant factors: potential for promotions, projected pay for the career path in one’s industry, alternative career paths that may be available to you, average retirement age, the availability of bonuses, pension options, and more.

For example, suppose that you injure your back in a car accident.  As a result, you can no longer work in your physical laboring job.  You are not educated, and there are few alternative job opportunities that do not involve physical requirements — the opportunities have low pay and minimal opportunities for advancement.  Your attorney will bring in experts to weigh in on whether you are qualified for some alternative career path (or can become qualified), what the pay would be (in comparison to your previous career path, and how many remaining years you have to earn.

The difference between old-and-new would constitute your loss of earning capacity damages claim.

Contact Our Bethlehem Back Injury Lawyers Right Away

If you’ve suffered from a debilitating injury due to the fault of another — for example, a serious back injury — then Pennsylvania law may entitle you to recover damages that account for the loss of earning capacity.

We can help.

Here at Drake, Hileman & Davis, PC, our team has decades of experience working with Pennsylvania plaintiffs, helping them to pursue claims against those defendants who injured them.

We are relentless advocates who will stop at nothing to help our clients obtain the compensation they’re owed — and it’s our belief that success is not only about “winning,” but about securing the best possible compensation outcome for our clients.

Ready to speak to one of our Bethlehem back injury lawyers about your dispute?  Call us at 888-777-7098 or send us a message online to schedule a free and confidential consultation today.