Under federal and Texas state laws, individuals injured because of another’s negligence may recover damages for their losses.
The amount and type of damages will depend on various factors unique to your case. However, you can receive compensation for past and future medical costs, diminished earning capacity, physical pain, mental anguish, physical limitations, and disfigurement.
Lost earning capacity is particularly difficult to prove because it relies on future projections of what you will earn. But our Houston personal injury attorneys have experience working with experts to prove that you deserve compensation for your lost or reduced earning capacity.
We offer 100% free initial consultations, and there are no costs unless you recover compensation.
What is a Loss of Earning Capacity?
A serious injury can result in physical and/or mental impairments. This often means a reduction in the victim’s ability to earn an income.
A personal injury award for the damage caused by this loss of earning capacity does not include the actual earnings you missed. Rather, it is the amount you could have earned, were it not for the injury. This includes both past and future losses.
Lost earning capacity damages are measured by the difference between what you could have earned before the negligent conduct and what you are capable of earning after the injury.
Proving Reduced Earnings
To establish a loss of earning capacity, you must demonstrate, with reasonable certainty, your earning capacity prior to the injury and how that capacity was diminished by the injury. This means presenting evidence of your losses, which will vary based on the facts of your case.
Generally, testimony from expert witnesses, like a forensic accountant, will present evidence to support your reduced earning capacity. While there is no precise calculation for these damages, the following evidence may be considered:
- Past earnings history
- Plaintiff’s stamina, efficiency, and ability to work with pain
- Weaknesses and degenerative changes resulting from the injury
- Reduction in actual earnings
- The plaintiff’s lifetime and work-life expectancy
- Plaintiff’s age, health, level of education or training, and occupation before and after an injury
- Tax records
- Opportunities for promotion
For self-employed plaintiffs who operate their own businesses, a claim for loss of earning capacity may be supported with:
- Lost profits
- Character and size of the business
- The capital and labor employed
- The extent and nature of the plaintiff’s own participation in the business.
The amount of damages you can expect will vary and juries have discretion in calculating the amount.
Talk to a Houston Personal Injury Lawyer
If you have suffered due to another person’s negligence, it is important to speak with a qualified attorney as soon as possible. A personal injury attorney can evaluate your case, explain your legal options, help you understand the compensation you may expect, and guide you through the process of filing a claim.
For over four decades, the experienced Houston personal injury lawyers at The Krist Law Firm, P.C. have helped victims of catastrophic accidents recover the compensation they deserve. We know how to build the strongest possible case and we always fight for the best possible result.
We pride ourselves on offering top-notch representation and exceptional client service.
To learn how we can help, contact us today at (281) 283-8500 to speak to one of our skilled Houston personal injury lawyers. We offer a free consultation at no risk to you.