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Accident Compensation Claims: Lost Wages v. Lost Earning Capacity

When you are seriously injured in an accident caused by the negligence of another party, you may be entitled to compensation. Two of the most common types of compensation that most accident victims claim are lost wages and lost earning capacity. Most accident victims think these are the same claims – but they are not. Understanding the difference between the two different types of compensation claims is an essential component of being made whole following an accident that has left you injured.

What Is a Lost Wage Claim?

If you were seriously injured in an accident, chances are you might have lost a considerable amount of days from work. This means that you were unable to earn your wages from the date of the accident to a specific amount of time thereafter. This is called a loss of earnings or lost wage claim.

Even if you were unemployed at the time of the accident, you may still be allowed to recover some equivalent loss of income. But you or your attorney must prove that you could have earned during that time period if you were not injured.

What Is a Loss of Earning Capacity Claim?

A loss of earning capacity is contrastingly different than a loss of income claim. A lost earning capacity claim involves damages for any negative effect an accident injury has on your ability to earn an income in the future. Some common factors that must be considered when determining a loss of capacity claim include:

  • Plaintiff’s wellness before and after the injury
  • Plaintiff’s age and life expectancy
  • Plaintiff’s occupation and level of experience
  • Any special skills and training acquired prior to the accident

In order to prove your loss of earning capacity claim, your Orange County car accident attorney will need to produce documentation of your past earnings. However, the focus will remain primarily on your earning capacity as a result of the injuries you sustained in the accident.

These are only two of the claims you may be entitled to from the party who caused the accident. It is important to hire an experienced accident attorney to help you get the full compensation that you deserve for the injuries you have suffered.

Call an Orange County Car Accident Attorney Today!

The legal team at the Law Offices of Samer Habbas is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.

If you or a loved one has suffered a serious injury in a car accident that was caused by the negligent actions of another party, our experienced Orange County car accident attorneys are available to personally review your case. Call us at 1-888-848-5048 to schedule a free, complimentary consultation with our legal team today.

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