When you are injured in an accident, whether it is a car crash, slip and fall, workplace injury, or other incident, the financial consequences can last far longer than your recovery time. Even after medical treatment, you may not be able to return to your previous job or work at the same capacity. In New York personal injury cases, you can seek compensation not only for the income you missed out on while recovering, but also for the income you will likely lose in the future because of your limited ability to work. To learn more about how you can prove and recover compensation for your lost earning capacity, continue reading and work with an experienced New York injury lawyer.
What is Lost Earning Capacity?
Lost wages refer to income that you lose out on because you are unable to work while recovering. That is compensation for the days that you had to take off to be in the hospital, get surgery and other treatments, or simply sit and wait to heal. However, lost earning capacity refers to future losses. This is the difference between what you could have earned if you hadn’t been injured and what you can now earn due to the limitations of your accident.
Even if you are able to return to work, you could be forced to take a lower-paying job, fewer hours, or retire early, depending on the circumstances of your injury and the impact it has on your physical and mental abilities. Lost earning capacity is a type of economic damage that can be awarded to make up for this future loss.
How Can I Prove Lost Earning Capacity After an Accident in NY?
Under New York personal injury law, lost earning capacity is a type of non-economic compensatory damage, meaning that it is awarded in an effort to make you “whole” after your injury. In order to recover appropriate compensation for this loss, you must be able to prove that your ability to earn income has been permanently or substantially impaired or diminished as a result of the defendant’s negligence.
Relevant evidence that can help establish your lost earning capacity includes:
- Documentation detailing your employment history, like past pay stubs, W-2s, and tax returns, to show your pre-injury income and earning potential
- Medical records proving the severity and permanence of your injury
- Expert opinions from economists who can calculate your future income loss, medical professionals who can elaborate on your injury and its effect on your mental and physical abilities, and vocational experts who can testify to your inability to perform certain tasks
- Personal testimony from yourself, friends, family, and coworkers, which can help describe how your injuries have limited your ability to perform certain roles or return to your former career
Proving lost earning capacity involves detailed information and a strong legal argument. Work with an experienced NY personal injury attorney for skilled representation and legal counsel during your case.
