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
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
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
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
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
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 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 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
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
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
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