If you’ve been injured in Nashville, TN, due to someone else’s negligence, it could impact more than just your health. Your ability to work and earn a living might be affected, leading to lost wages or even reduced future earnings. Understanding what loss of earnings and diminished earning capacity mean is key to seeking fair compensation.
A skilled personal injury lawyer in Nashville can guide you through the process, manage all legal details, and fight for the compensation you deserve. Contact us today at 615-685-8546 for a free consultation to begin.
What Is Loss of Earnings?
Loss of earnings refers to the income you miss out on while recovering from your injuries after an accident. If your injuries prevent you from working for an extended period, you have the right to pursue compensation for those lost wages. This type of compensation can cover essential financial losses, such as:
- Regular Wages or Salary: any pay you missed during your recovery
- Overtime Pay: lost opportunities for extra income
- Bonuses or Commissions: missed incentives due to time off work
- Sick Days or Vacation Days Used: compensation for using personal leave to cover your recovery time
To claim lost earnings, it’s important to show proof such as pay stubs, employer statements, or tax records. An attorney can help you gather the necessary evidence.
What Is Diminished Earning Capacity?
Diminished earning capacity is different from lost earnings. It refers to the long-term impact on your ability to earn money after your injury. If you can’t go back to your previous job or need to work fewer hours, or take a lower-paying position, you may be able to claim diminished earning capacity.
For example, if you were a physical laborer but now can only do desk work because of a back injury, your future earnings might be lower. Your diminished earning capacity is the difference between what you could have earned and what you can earn now.
Proving Diminished Earning Capacity
Proving diminished earning capacity is more complex than proving lost earnings. You need evidence that shows how your injury will affect your future income. This may include:
- Medical Records: proof of your injury and its long-term impact on your work
- Vocational Expert Opinions: specialists who can explain how your injury limits your job options
- Employment History: records showing what you earned before the injury
- Employer Statements: documentation on changes to your job duties and pay
An experienced Nashville personal injury lawyer can help gather and present this evidence to support your case.
Factors That May Affect Your Compensation
Several factors influence how much compensation you can get for lost earnings and diminished earning capacity, including:
- The severity of your injury
- Your age
- Skills and education
- Industry trends
Many other factors may also apply based on the facts of your case.
What Damages Can I Recover Overall?
If you were injured and are pursuing a personal injury claim in Nashville, you may be entitled to recover both economic and non-economic damages. Under rare circumstances, punitive damages may also be available.
Economic damages cover your financial losses and can include:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Property damages
Non-economic damages compensate for non-financial impacts of your injury, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
The specific damages you may be eligible to recover depend on the unique details of your case.
A Nashville Personal Injury Lawyer Can Help
Dealing with lost earnings and diminished earning capacity claims can be complicated. Insurance companies may try to undervalue your claim or question the extent of your injury’s impact. Having an experienced personal injury lawyer can make a big difference. They can:
- Collect strong evidence, including medical records and expert testimony
- Handle settlement negotiations and deal with insurance companies to ensure you get fair compensation
- Represent you in court if necessary
If you’ve been injured and your ability to work has been impacted, you deserve to be compensated for your financial losses. An experienced Nashville personal injury lawyer can help guide you through the process, handle the legal aspects, and fight for the compensation you need to move forward. Call today at 615-685-8546 for a free consultation to get started.