No one ever expects to be involved in a devastating accident or incident. When you suffer critical injuries, your entire life could be affected. In the worst cases, you may suffer injuries so severe that you are no longer able to continue earning a living the way you were before.
Fortunately, with help from an experienced legal advocate, you may be able to hold the liable party accountable and recover compensation for every loss, including your reduced earning capacity.
Our New York personal injury lawyers at Hecht, Kleeger & Damashek P.C. are here to help you get the most out of your claim after an accident has reduced your ability to provide for yourself and your family.
Contact our office for a free consultation today and to learn more about how much your case could be worth and what is next for your personal injury claim.
What Is Reduced Earning Capacity?
Reduced earning capacity refers to an individual’s inability to continue earning a living and their loss of potential future earnings. There are many ways in which you might suffer a reduced earning capacity. Some common accidents and incidents known for resulting in diminished earning capacity include:
- Car accidents
- Construction accidents
- Slip and falls
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Pedestrian Accidents
Essentially, any time your injuries are so severe that you will not be able to return to your original line of work, you may have grounds for compensation for reduced earning potential.
How Do I Prove a Reduced Earning Capacity?
For your personal injury claim to be successful, your lawyer must prove the defendant’s liability. To do this, they will need to show that the elements of negligence have been met.
Here, your attorney will be tasked with proving that the defendant owed you a duty of care and somehow breached that duty of care. For example, if your injuries occur through a car accident, and the defendant was distracted or drunk at the time of the collision, your attorney could show that the defendant breached their duty of care by operating a vehicle in an unsafe matter.
Your lawyer will also need to show that the defendant’s breach in their duty of care was the cause of your damages. Your attorney will introduce compelling evidence that shows:
- You had to take time away from work due to the extent of your injuries
- The amount of money you lost due to your time from work
Other factors your attorney will take into consideration in proving the value of your reduced earning capacity include:
- Your education and job experience
- Your overall health
- Your age
- Anticipated inflation rates
- Your career outlook
- Your expected age of retirement
- Whether you can find work in another industry
- Whether you were on track to receive promotions or pay increases
What Evidence Can I Use in My Case?
The burden of proof in personal injury claims is based on a preponderance of the evidence. Your attorney will need to introduce compelling evidence that demonstrates your injuries have made it difficult or impossible for you to continue earning a living.
Some examples of evidence that could be used to support your claims include:
- Statements from your physician
- X-ray images
- Prior paystubs
- A copy of your personal income tax for the previous year
- A statement from your employer that describes your position, the number of hours you work, and the number of hours or time you missed after the accident
- Documents that indicate whether you are entitled to paid sick leave, vacation time, holiday pay, or other bonus pay
- A current timesheet
- Statements from your boss and colleagues
- Bills or invoices
- Your calendar of appointments
- A personal diary or journal entries
How Do I Seek Compensation for Reduced Earning?
You may be able to recover compensation for a reduced earning capacity in multiple ways. Generally, these include filing a claim with the liable party’s insurance company or bringing your case to trial.
Your attorney will begin by opening an in-depth investigation into the ways your injuries occurred. This will help gather evidence to support your case and prove liability. Your lawyer will need to go over how your life has been affected by your injuries to account for every loss and calculate the value of your claim. This is where we will also determine the value of your reduced earning capacity.
Your lawyer will file a claim with the insurance company and negotiate on your behalf. If the defendant does not have insurance coverage or your insurance settlement does not cover your damages, your next steps may include bringing your case to trial. Here, your attorney will advocate for maximum compensation for your damages before a judge and jury.
Workers Compensation for Reduced Earning Capacity
If your reduced earning capacity and related injuries result from an on-the-job injury, you may also be able to seek worker’s compensation benefits. Generally, these include compensation for your medical expenses, vocational rehabilitation benefits, and disability benefits. However, you may also be able to obtain compensation amounting to approximately 2/3 of your pre-injury weekly earnings for your reduced earning capacity.
However, worker’s compensation benefits are rarely enough to meet an injury victim’s needs adequately. If you go with a worker’s compensation claim alone, you may find yourself stuck with additional financial losses and lack sufficient compensation for your reduced earning capacity.
Having a personal injury attorney on your side can help prove earning loss and ensure you are seeking the compensation and benefits you are entitled to across the appropriate avenues.
Turn to HKD for Help with Your Reduced Earning Capacity
When you have suffered considerable damages for reduced earning capacity, you have the right to be compensated for every loss. Our New York personal injury attorneys at Hecht, Kleeger & Damashek, P.C. have extensive experience helping injury victims recover maximum compensation and hold liable parties accountable.
With our proven track record of success on your side, you may increase your chances of getting the most from your case. Fill out our online contact form or call us at 212-490-5700 to schedule your no-cost, risk-free consultation today.
CLIENT REVIEWS
09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
5
Harendra Gautam, HKD CLIENT
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
5
patricia Carnevale, HKD CLIENT
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
5
Deniece Buffaloe, HKD CLIENT
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
5
thabossladi87, HKD CLIENT
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
5
Stephanie Campos, HKD CLIENT
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
5
lisa kessler, HKD CLIENT
02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
5
Emily Weinstein, HKD CLIENT
02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
5
Jason Bauer, HKD CLIENT
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
5
VIRGINIA BOOTHE GORDON, HKD CLIENT
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
5
Richard Leff, HKD CLIENT
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
5
Larry Schatz, HKD CLIENT
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
5
Michael nessim, HKD CLIENT
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
5
Lisa Dawn Angerame, HKD CLIENT
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
5
Emily Halperin, HKD CLIENT
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
5
Didi Hutt, HKD CLIENT
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
5
Alan Levine, HKD CLIENT
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
5
Luljeta Chisolm, HKD CLIENT
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
5
Carter Martin, HKD CLIENT
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
5
Marisol Pitre, HKD CLIENT
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
5
peggy lamarre, HKD CLIENT
12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
5
Rene David Alkalay, HKD CLIENT
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
5
Kjanecaron, HKD CLIENT
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
5
Martin Munitz, HKD CLIENT
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
5
Dan Greenberg, HKD CLIENT
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
5
Ben S, HKD CLIENT
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
5
Linda Winikoff, HKD CLIENT
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
5
Peter Visconti, HKD CLIENT
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
5
Robert Dallas, HKD CLIENT
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
5
Jeffrey Jagid, HKD CLIENT
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
5
Kelvin Morel, HKD CLIENT
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
5
David Irwin, HKD CLIENT
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
5
Michael R., HKD CLIENT
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
5
Ryan G., HKD CLIENT
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
Eric G., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
Wendy B., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
5
Anonymous, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT