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

In Texas, lost earning capacity is calculated in a catastrophic injury case in a variety of ways. Generally speaking, the calculation is based on the injured person’s past and future income potential. If the victim was working prior to the injury, their income before and future earning potential after the injury is taken into account. Furthermore, vocational assessment of the victim’s current abilities, such as physical limitations and educational achievements, are also considered. In addition, the age of the victim and the severity of the injury are also taken into account. This is to ensure that a fair amount is awarded when determining the impact of the injury on the victim’s future earning potential. For example, if the victim is a young person who was just starting their career prior to the injury, the court might be more likely to award a larger settlement due to the fact that the victim will not have as much time to make up lost wages. In assessing the victim’s lost earning capacity, courts also often review the opinions and reports of medical and vocational experts. These experts can provide valuable insight into the impact of the injury on the victim’s ability to earn an income. Additionally, the opinions of financial experts may be taken into account, as they can provide an accurate assessment of the potential monetary losses the victim is likely to experience in the future. All of these aspects are taken into consideration when determining the amount of compensation a victim may receive for their lost earning capacity.

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

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