What is the value of a lost earning capacity claim?
The value of lost earning capacity claims in California, when it comes to brain injury law, can vary greatly depending on the circumstances. Generally speaking, those who sustain a traumatic brain injury can file a lawsuit to recover damages, including lost earning capacity. Primary damages in such a case can include the present and future value of lost wages or earnings that the injured person would have been entitled to receive in the future had the injury not occurred. The value of lost earning capacity can also include future increases in wages or earnings that the injured person would have postulated to have received had the injury not occurred. This can be determined by assessing the injured person’s current job duties and potential for advancement, their educational background, age, job experience, and similar factors. The value of lost earning capacity claims can also compensate for a decrease in the injured person’s ability to perform certain job duties or to secure another job in the future. This can be assessed by a vocational expert who evaluates the injured person’s residual wage-earning capacity. Therefore, it is important to work with a qualified and experienced attorney to properly assess the value of a lost earning capacity claim, as these claims can be complicated and require specific understanding of multiple legal precedents.
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