When valuing a personal injury claim in Virginia, one of the key factors to consider is lost income or wages and reduced earning capacity. These are significant components of damages that a plaintiff can seek compensation for to help recover the financial losses suffered as a result of the injury.
The following is a brief overview of how a Norfolk personal injury lawyer addresses lost income in an injury claim. If you or a loved one was injured due to the negligence of another, call our office for more details about your situation.
What Is Lost Income?
Lost income refers to the wages or salary that an injured person was unable to earn due to an injury. This may include any missed work days, reduced work hours, or inability to work entirely during recovery. In order to establish a claim for lost income, the plaintiff must demonstrate that the injury directly caused the loss of income and provide evidence to support the amount claimed.
To establish the claim, gathering documentation, such as pay stubs, tax records, and employment contracts, to demonstrate the plaintiff’s pre-injury income is critical. Medical records and expert testimony may also be required to establish the connection between the injury and the inability to work. It is also important to consider any future lost income that may result from long-term or permanent disabilities caused by the injury.
What Is Reduced Earning Capacity?
Reduced earning capacity refers to the long-term impact of the injury on the plaintiff’s ability to earn income in the future. Unlike lost income, which focuses on actual earnings lost, reduced earning capacity accounts for the impairment or limitations the plaintiff will experience in their ability to earn going forward.
To establish a claim for reduced earning capacity, the plaintiff must provide evidence that the injury has diminished their ability to work and earn income compared to their pre-injury capacity. This may include expert testimony from vocational rehabilitation experts, economists, or vocational specialists who can assess the impact of the injury on the plaintiff’s ability to perform their previous job or engage in other employment opportunities.
Calculating the damages for reduced earning capacity can be complex. Factors such as the plaintiff’s age, education, work experience, and the nature and extent of their injuries are considered. Any future medical expenses, rehabilitation costs, or necessary accommodations for the injury may also be factored into the calculation.
Contributory Negligence
It is important to note that Virginia follows the principle of contributory negligence, which means that if the plaintiff is found to be even slightly at fault for the accident or injury, they may be barred from recovering any damages at all. Therefore, it is essential to establish that the injury was caused by another party’s negligence or wrongful actions to have a valid claim for lost income and reduced earning capacity.
Call Our Norfolk Personal Injury Law Firm for Legal Assistance
If you have been injured in an accident caused by another party, contact Shapiro, Washburn & Sharp to schedule a free consultation with a Norfolk personal injury attorney to find out what legal options you may have to recover damages for your losses. Our firm is dedicated to getting clients the financial compensation they deserve for their losses, like the $930,000 insurance settlement our firm obtained for one client who suffered multiple injuries when another driver failed to yield at an intersection and attempted to take a left turn.
For your convenience, we have offices in Virginia Beach, Norfolk, Hampton, Portsmouth, Suffolk, and Kitty Hawk, North Carolina.
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Andrew Stover limits his law practice exclusively to personal injury law. Andrew is a member of the American Association for Justice, the Virginia Trial Lawyers Association, and the Virginia Beach Bar Association.
