PERSONAL INJURIES: EARNING CAPACITY
Past & Future Loss
Injured persons are entitled to recover for past and future impairment of their ability to earn money to the extent that the diminished ability to earn was caused by the accident related injuries.
To establish a claim for a lost capacity to earn money, an accident victim must be able to prove what would have happened if the accident had never occurred. The plaintiff is entitled to the difference between what she was reasonably capable of earning at her usual occupation from the date of the accident to the present time had she not been injured and what she was reasonably capable of earning during the period in view of her injuries.
In addition, if it can be proven more likely than not that the plaintiff has suffered a loss of future earning capacity as a result of the injuries sustained in the accident, it must be determined what the difference is between what plaintiff will reasonably be able to earn in the future in view of the injuries sustained and what she would have been able to earn had she not been injured.
In order to determine whether there is a loss of earning capacity, it is often necessary to work with consulting vocational experts. In a situation where the plaintiff is unable to perform the duties of her former occupation, the vocational expert will analyze what needs to be done to allow the injured person to earn as much as she reasonably can, given her injuries. Consideration will be given to education, training, aptitude, and availability of employment in the geographical job market.
If the plaintiff was the owner and operator of a business at the time of the accident, one must, in determining her past loss of earning capacity, consider the character and size of the business, the capital and labor employed in the business, the extent and quality of plaintiff's services to the business, and the profits of the business.
While the plaintiff has the burden of establishing loss of future earning capacity, the evidence relating to this item need not be as exact or precise as evidence needed to support other items of damage. The reason for this rule is that the concept of loss of future earning capacity requires that one consider factors which, by their very nature, do not admit of any precise or fixed rule.
The following articles about personal injury law may also be of interest to you:
You & Your Personal Injury Claim
Answering Questions About Accident-related Injuries
At The Accident Scene, What Should I Do?
But My Insurance Adjuster Says I Don't Need A Lawyer
How Much Is My Injury Claim Worth?
Injuries To Children
Product Liability Claims
Herrick & Hart Personal Injury Attorneys, Eau Claire, Wisconsin
Please contact us for help with your legal needs or concerns.
The attorneys at Herrick & Hart provide expert advice to people who have suffered a loss or been injured. If you or someone whom you care about has been injured, please call (715-832-3491), e-mail (mike@eauclairelaw.com) to arrange a free initial consultation with the injury lawyers at Herrick & Hart, or complete the online personal injury case assessment form to have your case reviewed by the personal injury attorneys at Herrick & Hart.
The team of personal injury lawyers at Herrick & Hart represent people throughout northwest Wisconsin. They litigate against insurance companies based in Wisconsin, Illinois, Iowa, Minnesota, and across the nation, and most frequently help clients who were injured in or are residents of Eau Claire county (Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour), Chippewa county (Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley), Taylor county (Medford, Gilman, & Stetsonville), Rusk county (Ladysmith, Hawkins, & Weyerhauser), Barron county (Barron, Rice Lake, & Cameron), Dunn county (Boyceville, Menomonie, Colfax, & Downing), Clark county (Abbotsford, Colby, Neilsville, & Thorp), Marathon County (Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston), Portage county (Stevens Point, Amherst, Plover, Rosholt, & Whiting), Wood county (Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield), Jackson county (Black River Falls, Taylor, Merrillan, and Alma Center), La Crosse county (La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem), Monroe county (Sparta), Douglas county (Superior), Sawyer county (Hayward), Ashland county (Ashland, Odanah), Bayfield county (Bayfield, Mason, & Washburn), Juneau county (Elroy, Mauston, Necedah, Union Center), and St Croix county (Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson), Pierce county (Bay City, Ellsworth, River Falls, Spring Valley).
