Suffering a traumatic brain injury (TBI) in a car accident, slip and fall accident, or another incident can impact all aspects of a person’s life, including their job. In Missouri and Kansas, TBI victims can recover compensation for wages lost after suffering a TBI due to another person’s negligence. However, some people may not realize that, on top of recovering compensation for lost wages, it may also be possible to recover compensation for loss of earning capacity. Understanding what loss of earning capacity entails and how to prove it is vital, as it can make a significant difference in the outcome of your case.
What Is Loss of Earning Capacity?
Loss of earning capacity arises when a person’s future earning potential is adversely affected. Indeed, after suffering a traumatic brain injury, it may be possible for a person to resume work. However, even if a TBI victim returns to work, they may not be able to work as many hours or handle the same duties as they did before, leading to reduced earnings over time. This is what is referred to as loss of earning capacity.
Loss of earning capacity is different from lost wages. Lost wages only account for the income a victim misses while they are recovering. On the other hand, loss of earning capacity takes into account how an injury impacts the victim’s long-term job prospects, career opportunities, and potential lifetime earnings.
How Does a TBI Impact Earning Capacity?
A traumatic brain injury can affect a person’s physical, cognitive, and emotional abilities. While treatment options are available that can help TBI victims recover, some people sustain permanent impairments. Some of the impairments people suffer that may affect earning capacity include;
- Memory issues
- Inability to walk, control limbs, etc.
- Communication problems
- Behavioral and personality issues, including PTSD, depression, and mood swings
- Problems with balance, vision, and hearing
For example, a construction worker may suffer balance issues, making it challenging for them to perform heavy labor safely. Or a teacher may struggle with communication or memory after a TBI, making it hard for them to teach students. Even if such a person can still work in some capacity, their earning potential may be permanently reduced.
Calculating Loss of Earning Capacity
Both Kansas and Missouri allow TBI victims to seek compensation for loss of earning capacity. However, calculating these damages can be complex. Loss of earning capacity calculations involve evaluating several factors. These factors include;
- The injured person’s age
- The injured person’s skills, training, education, and experience
- The type and nature of the impairment
- The injured person’s ability to retrain and transition to another job
- The injured person’s projected career path before and after the injury
- How much the injured person was earning before the accident
Often, economic and vocational experts are brought in to help with the determination of these damages.
Why You Should Work With an Attorney
Proving loss of earning capacity is not easy. It requires extensive evidence. An attorney can help you gather the necessary evidence. Additionally, insurance companies often dispute claims of loss of earning capacity, arguing that the effects are minimal or the injured person can still work. A skilled Kansas or Missouri TBI lawyer can help you fight such arguments.
Contact Us for Legal Help
If you or a loved one has suffered a traumatic brain injury, contact our experienced brain injury counsel at Griggs Injury Law for help pursuing the maximum possible compensation.
