Loss wages is an important part of any personal injury case, and we will help to establish reasonable damages, or refute exaggerated claims through consultation and standard methods.

When an injury, accident, wrongful termination or other event occurs affecting an individual’s ability to earn income, a Earning Capacity Evaluation needs to be considered. In defining earnings, a loss does not necessarily mean actual earnings one was making at the time an injury occurred, but refers to what an individual is capable of earning based on training, experience and business acumen. In other words, quantification of earnings capacity attempts to measure what the individual was earning or potentially could have been earning whether or not the individual was actually engaged in such employment. To make a proper determination certain factors must be considered. Such factors include, but are not limited to, education, training, experience, intelligence, health, age and employment history.

Each case is based on its particular factors. The idea to bring to light is that earnings capacity represents what a person could have been capable of earning but for the impairing incident. However, the desire alone of attaining a particular employment without any specific evidence would likely be mere speculation.

Visualizing the entire picture, this concept is just a specific application of the purpose of tort damages in law: to restore to as whole as possible the economic loss sustained by the injured.