How is lost earning capacity calculated in a catastrophic injury case?

Lost earning capacity is calculated in a catastrophic injury case in California by determining the amount of wages and other types of income the injured party would have earned had the injury not taken place. This includes potential income from wages, salary, benefits, bonuses, commission, and other sources of income. The total amount of lost earning capacity is determined by subtracting the income the person would have had before the injury from the amount of income the person can currently earn after the injury. This calculation is based on the person’s current and expected future wages, benefits, and other forms of income. In some cases, lost earning capacity also takes into account a person’s lost benefits and bonuses that they would have received if the injury had not taken place. These factors are taken into consideration to determine if the injured person is entitled to compensation for their losses. The amount of compensation an injured party can receive for lost earning capacity will depend on the individual’s ability to demonstrate the extent of their losses and the impact it has had on their life. This can include evidence of pre- and post-injury earnings, as well as evidence of potential future earnings had the injury not occurred. In addition, the court will look at evidence of the injured party’s future goals and aspirations, and how the injury has prevented them from achieving those goals.

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