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

In North Carolina, lost earning capacity is calculated in a catastrophic injury case by determining the injured party’s estimated earning capacity before and after the accident. First, an examination of the person’s previous work history, job performance, education, and skills are examined to give an understanding of the amount of money they were capable of earning before the accident. Then, an assessment is made of what the injured party is now able to earn with the limitations that a catastrophic injury may cause. This could include reduced work hours, job changes, or even an inability to work at all. The court will examine the effects of the injury on the injured person’s earning potential, and then try to determine the difference between what they would have earned had the injury not occurred, and what their current earning potential is. Once this difference is calculated, the court can then decide how much compensation the injured party should receive to make up for their loss. It is important to note that this calculation of lost earning capacity is unique to each situation, as it depends on the individual’s circumstances.

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