Unable to return to work following a serious injury? You may be owed significant compensation. We can help.
If you’ve suffered permanent disability following a car accident or other type of personal injury, you deserve to be compensated for the wages and income that you would have been able to earn in the future, had you not been injured.
The goal of any personal injury claim (or lawsuit) is to “make the victim whole” by compensating the injured party for any and all damages they suffered as a result of someone else’s actions or negligence.
Damages can include things such as medical expenses, pain and suffering, lost wages, and yes, even wages you would have been able to earn if you’re no longer able to work (or unable to work in the same capacity) as a result of your injury. Depending on the gravity of your disability, you may be owed the full value of your future income all the way up to the age of retirement.
Lost earning capacity claims tend to seek a considerable amount of compensation (often hundreds of thousands or millions of dollars), and as such, are aggressively defended by insurance companies. Without the experience and assistance of a personal injury attorney, any lost future earnings claim will likely be brushed off or unfairly denied.
Settlement offers are only extended by the insurance company in an attempt to prevent you from filing a lawsuit, but they also know that a good number of claimants would rather settle (for much less than they’re owed) than hire an attorney. When it comes to a personal injury claim involving a permanent disability and/or large damages, you need an aggressive attorney to look out for your best interests and fight for every dime you deserve.
The Dallas personal injury attorneys at Montgomery Law are available 24 hours a day to discuss your claim, and we exclusively work on a no-win no-fee basis. We’ll handle your claim from beginning to end at no cost to you, and our law firm only earns a fee if and when we win your case.
Calculating the Value of a Diminished Earnings Capacity Claim
While determining the value of your lost wages up to this point is relatively easy, determining the value of your lost future wages is a whole other story. How far in the future will you go? Are you still able to work in some capacity? How do you accurately factor in benefits and potential raises? What if the injury party is a child?
The fact is, there are countless factors that can affect the value of a lost future earnings claim. In order for your claim to be taken seriously, you must be able to thoroughly and accurately prove up your damages to the court, as well as back up your demand with evidence and testimony. The burden is on you (or your attorney) to prove that you would have been able to earn this income had you not been injured.
Calculating the value of your claim usually involves establishing a consistent salary or pay range prior to the injury, as well as testimony from a vocational expert who can take into consideration additional factors such as your prior health and career outlook, your likelihood of receiving future pay increases, and much more. A victim who was unemployed at the time of an injury may prove loss of future earnings by demonstrating the probability of future employment before and after the disabling injury.
There are several factors which may affect the value of your claim, including your age, criminal history, work history, prior employment evaluations, level of disability, employment opportunities, etc. Another important factor may be your level of education. Plaintiffs with college degrees generally have a greater chance of proving the likelihood of salary increases or promotions compared to those without. If the injury occurred during the course of the plaintiff’s education, then the victim’s attorney must not only show the likelihood of completing their education, but also establish the likelihood of a promising career.
Why You Need an Attorney
While determining the value of your claim is important, you still have the burden of proving that the other party is actually liable for your damages. In any high-value claim such as this, you’ll be up against a team of insurance attorneys whose only goal is to reduce the value of your claim or ultimately have the claim dismissed. Without an attorney on your side, you’ll simply be putting yourself at a severe disadvantage.
The good news is that our law firm is here to help just like you. All we do at Montgomery Law is help victims get the money they deserve, and we handle every case on a no-win no-fee basis. Call us today for a free consultation at 1-833-720-6090 or shoot us a quick email, and let us explain exactly how we can help.
Montgomery Law is a Dallas-based personal injury law firm focused on getting clients the justice and compensation they deserve.
Call us toll-free at 1-833-720-6090 to discuss your case today for no cost.