Have you been injured in a New Orleans car accident? Are you unable to return to the same job as you held before the traffic accident because of your injuries? Has the loss of income created a financial hardship for you and for your family? If so, our NoLA car accident attorneys may be able to help you recover compensation for your loss of earning capacity.
What is Loss of Earning Capacity?
In many cases, you may be out of work for a few weeks or a few months while you recover from injuries sustained in a car accident. The income you lose while you are out of work is included in your car accident claim.
However, some accident victims are unable to return to the same job they had before the car accident. Their injuries prevent them from performing their job duties. While they cannot do the same job as before, they are not totally disabled. Therefore, they obtain a different job. In this case, the accident victim may have a claim for loss of earning capacity.
Loss of earning capacity or diminished earning capacity is a claim that some accident victims have after a car accident. If the person’s injury results in a loss of mental or physical abilities that results in a corresponding decrease in earning capacity, the person is entitled to recover compensation for the loss of earning capacity.
Proving a Loss of Earning Capacity Claim
It is not always easy to prove a loss of earning capacity claim. An experienced NoLA car accident attorney should handle a loss of earning capacity claim due to the complexity of the evidence needed to prove the case. In addition to proving what your income was prior to the accident, you must also provide evidence that proves your earning capacity is diminished due to your injuries. That evidence must include medical evidence that your injuries resulted in a decreased mental or physical capacity that negatively impacts your ability to earn a living.
Other information that is used to calculate the value of a loss of earning capacity claim include a review of your education, skills, and abilities. A financial expert is also employed to calculate wage rates, current market values, and anticipated future income in your old job versus your new job. The process of correctly calculating a loss of earning capacity claim can be complex; therefore, you should only hire an attorney with experience handling these types of claims.
Contact a New Orleans Car Accident Attorney For Help
If you are unable to work after a car accident, you deserve to be compensated for all of your lost income, including any loss of earning capacity. After evaluating your case, our car accident attorney will begin a thorough accident investigation to identify and preserve evidence to prove your case. Our top priority is helping you recover full compensation for your injuries, losses, and damages.
Contact The Olinde Firm to schedule a free legal consultation with a New Orleans car accident attorney. You may contact our office by calling (504) 587-1440 or 1-800-587-1889.