Posted on Wednesday, May 9th, 2018 at 8:41 pm    

ACCIDENT CLAIM WITH LOSS OF EARNING CAPACITY

When you are injured in a personal injury accident, you are entitled to seek compensation for injuries. If your injury prevents you from working, you may receive reimbursement for your lost wages. You may also be entitled to compensation for a loss of earning capacity.

What Qualifies as Lost Income in a Sacramento Accident Claim?

Lost income refers to the wages or other income you would have earned had it not been for the accident. The income can come from salary or hourly wages, commissions, or profits from a self-employed business. Your claim includes the days you missed from work. It also includes the time you took off work to go to the doctor or physical therapy. It may also include bonuses you would have received had you been working.

In some cases, calculating lost wages is simply a matter of obtaining records from your employer. However, in the case of a self-employed person or someone who earns commission, a financial expert may need to assist your attorney in calculating the exact amount of lost wages to include in your claim.

What Is a Loss of Earning Capacity Claim?

In some personal injury claims, we include a claim for loss of earning capacity. Loss of earning capacity is another type of damage in a personal injury claim. For this type of claim, the injury you sustained must have resulted in an impairment of your earning potential.

For example, you suffered a permanent disability from the accident that makes it impossible for you to stand for over a few hours at a time. Unfortunately, you cannot return to your previous job full-time and part-time work is unavailable in your line of work. You must now choose another career field which may not offer the same level of income you earned prior to the accident. Therefore, your ability to earn a living has been impaired, resulting in a loss of earning capacity.

Proving a Loss of Earning Capacity Claim

It can be difficult to prove a loss of earning capacity claim. Your attorney must work closely with your medical team and other experts. Some steps in the process include:

  • Reviewing your injuries and medical condition with your physicians, including the severity of your injury and the level of impairment. Consulting with a medical expert regarding testimony about how the impairment impacts your ability to work.
  • Closely analyzing your work abilities and skills prior to the accident, including education, skills, talents, experience, and abilities.
  • Consulting with a financial analyst to determine the market values and wages to determine how much income you would have earned had it not been for the injury.
  • Utilizing a vocational rehabilitation specialist to review your case and testify how your injury impacts your job opportunities and job performance.
  • Consulting other experts, including job market specialists, accountants, economists, and doctors to provide evidence to substantiate the claim for loss of earning capacity.

A Sacramento Personal Injury Attorney Can Help

For a free legal consultation with a Sacramento personal injury attorney, call Tiemann Law Firm at (916) 999-9000 or visit our website.

Client Testimonials

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.