Loss of Earning Capacity Damages
Does your injury prevent you from working?
If you were injured in an accident, there can be a number of different
ramifications. You likely sustained physical injuries that required medical
treatment, property damage, emotional damage and even permanent disfigurement.
One other area of compensation that you might be entitled to is "loss
of earning capacity." In the state of Nevada, this is a type of economic
damage. This means that the loss is financially tangible rather than subjective.
If your injuries prevent you from performing your job duties and render
you unable to work, then you may be able to fight for compensation to
recover your loss of future earnings. This is provided for in the Nevada
Revised Statutes 41A.007.
Say, for example, you gross $50,000 per year and you are 45 years old.
If, in your occupation, you would have worked until age 65 before retiring,
you could potentially recover your lost earnings for those 20 years. It
seems easy to conclude that an individual in this situation could be awarded
$1 million in loss of earning capacity damages, but determining a total
amount of damages is not always this simple. A
Las Vegas personal injury attorney from Shook & Stone may be able to help you if you've been injured
and can no longer work to earn an income.
Determining Loss of Future Earnings
When determining loss of earning capacity, the court must take into account
what the plaintiff reasonably would have been able to earn had the injury
not occurred. This can become complex, because it is impossible to look
into the future and know what any given person
could have recovered. A number of factors determine future earnings. Would the plaintiff
have continued to work in that occupation until retirement? Would the
plaintiff's salary have remained the same? At what age could the plaintiff
Your Las Vegas personal injury lawyer must fight to prove the income that
you would have made had you not been injured. To do this, we would need
to gather information such as proof of wages, documentation regarding
the potential for bonuses, promotions, raises and more. Our job is to
quantify your loss of earning capacity losses.
Personal injury cases dealing with loss of earning capacity damages must
focus on what could have been, not necessarily what would have been. If
a person is permanently injured, they lose their potential to pursue other
endeavors as well. Therefore, personal injury lawyers have the responsibility
to fight for the loss of opportunity as well as the loss of ability to
work. Simply put, a Nevada injury attorney from our firm would pursue
whatever amount seems reasonable to compensate for the loss of earnings
that both would and could have been.
Contacting a Las Vegas Personal Injury Lawyer
If you or someone you love was injured in an accident and you are unable
to work, please do not hesitate to contact a Las Vegas injury attorney
from our firm. At Shook & Stone, we are passionate about pursuing
maximum financial compensation for our clients: for injuries, for emotional
damages and for loss of future earnings. We aim to find every area in
which our clients might be entitled to compensation and pursue it relentlessly.
Since 1997, we have made it our goal to passionately advocate for the
rights of victims.
If you are interested in representation from our firm, please do not hesitate
to call us today and secure a
free evaluation of your case.