Diminished Earning Capacity (Loss of Future Earnings)

Recovering compensation for future loss of income or earning capacity through a personal injury lawsuit.

If an accident or personal injury has left you unable to return to your field of work, you absolutely have the right to pursue compensation for lost wages and a loss of future earnings, and our Dallas attorneys can help!

When an individual is involved in a serious car accident or otherwise suffers to an injury as the result of another person’s negligence, there are several types of damages for which the attorney can seek compensation; one of which is diminished earning capacity. While direct expenses such as medical bills are important, what happens if the injured party is permanently disabled and no longer able to work? How will he or she support their family in the future? This is where a claim for diminished earning capacity (or future loss of earnings) come into play.

A diminished earning capacity claim can have a substantial effect on the total value of the claim. While this type of compensation is more difficult to prove than direct expenses, the right personal injury lawyer can ensure you have the best chance at receiving every penny of compensation you truly deserve.

There are several factors that can enter into this type of claim, such as:

• Your current salary
• Future raises and expected salary increases
• Income potential during the employment lifetime of the injured party
• Cost of living increases
• Inflation

For example, someone making $50,000 annually—and who could potentially work for another 30 years—should expect their attorney to seek at least $1.5 million in lost future income based on current salary alone. This doesn’t even begin to take into consideration the additional factors listed above.

Why you need to hire an attorney.

Claims for diminished earning capacity are quite difficult to prove and are highly contested. The defendant is going to question what the injured party would have done if he or she had not become disabled. The defendant is also likely to question whether the injured would have continued earning at the same capacity or worked for the assumed number of years. They could question whether potential raises are as high as requested in the claim, and whether or not the company will continuously provide cost of living increases over the projected period of time.

Unfortunately, the burden of proof for this type of claim lies solely on the you as the plaintiff, so it is essential to make sure you hire a personal injury lawyer who is experienced in handling these types of claims. You only get one shot at bringing your case before a judge and jury, and without an experienced attorney at your side, you're simply at a massive disadvantage.

Luckily, our Dallas personal injury attorneys handle these claims on a no-win, no-fee basis. You can hire us with a signature, and we'll begin working on your case immediately. We never bill you for our services, and we only take a fee if we put money in your pocket. If for some reason we cannot secure a fair settlement or lose at trial, you walk away without owing us a penny in attorney fees. For a free consultation, call us today at (214) 651-6100.