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

In a catastrophic injury case in Virginia, the concept of “lost earning capacity” is used to determine the amount of damages that an injured person may be owed. Lost earning capacity is calculated based on a variety of factors such as the injured person’s age, education, and work history. Loss of wages due to a catastrophic injury is calculated by looking at what the victim was earning before and after the incident. Lost earning capacity includes the estimated wages the person would have earned in the future had they not sustained such a severe injury. In addition to loss of wages, lost earning capacity also includes the cost of medical treatment associated with the injury. For instance, if a person sustains a traumatic brain injury, they may require medical treatment, physical therapy, and rehabilitation after the injury, all of which could be considered for monetary compensation. Furthermore, the cost of medical aids such as wheelchair ramps, walkers, and prosthetics may also be considered. Lost earning capacity can also include the cost of adapting the injured person’s home to accommodate their injury. This could involve remodeling certain parts of the home, such as adding wheelchair ramps or widening doorways. In addition, lost earning capacity could include future costs of care, such as in-home care or long-term care. In catastrophic injury cases, the court will consider all of these factors to determine the appropriate amount of damages that the injured person is owed. The court may use outside experts to help assess an injured person’s lost earning capacity. Ultimately, the goal is to ensure that the injured person receives the maximum amount of financial compensation they deserve.

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

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