How can you prove lost earnings capacity?

On Behalf of | Jul 28, 2021 | Personal injury |

The financial ramifications of a car accident can be enormous. While you’ll certainly have to find a way to cope with lost wages, medical expenses, and rehabilitation costs, the damages don’t end there. In fact, there’s a good chance that your losses will continue to accumulate for a significant period of time to come, which can leave you on rocky financial footing. That’s where a personal injury lawsuit may be able to help. But how do you prove expected damages that you haven’t yet incurred?

Proving lost earnings capacity

There are a number of ways that you can go about proving future damages. This week let’s look at lost earnings capacity as an example. Here, your basic argument is you’re your accident injuries are so severe that they’ve affected your ability to earn the type of wage that you would have earned if you were never injured. Of course, this is a forward-looking analysis, so it can be tricky to put a figure on it.

That’s why you’re probably going to have to utilize an expert witness. This expert can look at your work history in the context of a number of factors to make reasonable calculations about what your earnings capacity would have been if you never would have been injured. Amongst those factors considered are:

  • Your profession
  • Your education
  • The geographical region of your employ
  • Your skills
  • Your talents
  • Your abilities
  • Your experience
  • Your history of promotions
  • The current job market for someone with your qualifications and in your field

This expert should have a strong understanding of your field and the job market, and he or she should be able to speak as to the value of your talents and abilities.

Proving future medical expenses

Expert testimony will probably also be necessary when it comes to proving your anticipated medical expenses and rehabilitation costs. Here, the expert will need to consider the current state of your medical condition as well as your prognosis. You can’t overlook any aspect of your medical treatment. You and your expert will need to take into account any medications that you may need, including prescription pain relievers; lab tests; surgeries; equipment like a wheelchair or prosthetics; home health services; and mental health services.

Anticipating the defense

You can’t just sit back and relax after proving your damages. Instead, you need to be prepared for the other side to present counter arguments. They may even have their own experts who will come in and testify to much lesser financial needs that you argued. You need to be prepared for this, as doing otherwise could leave a jury swayed by the defense, thereby jeopardizing your full recovery. Make sure that you know who the defense experts will be, if any, and consider deposing them so that you know exactly how they’re going to testify on the day of the trial. This is oftentimes the best way to ensure that you’re able to craft persuasive counter arguments that protect your interests.

Build a strong case for your damages

A lot of the focus in personal injury cases is on proving liability. While this is certainly a crucial component of a personal injury claim, you can’t overlook proving the full extent of your damages. That’s why if you’ve been injured in a car accident, then you may want to consider speaking with a qualified legal professional who can help you craft the legal arguments that you need to best position yourself for success.