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Lost wages refer to income that you’ve lost due to missing work because of your injuries. Lost earning capacity refers to your inability to earn the same level of income in the future because of your injuries.
Yes, you can still recover lost earning capacity if you’re still working part-time, as long as you’re able to show that your earning capacity is diminished or reduced because of your injuries.
To calculate future income loss, Louisiana courts rely on expert testimony, and you would need expert medical testimony to prove that your earning capacity is diminished because of the injuries you have suffered. You will also need an expert economist to prove the amount of loss of future income.
Louisiana’s Husband and Wife Legal Team, Jeffrey Gennusa and Ana Rodrigues Gennusa of the Gennusa Firm in Louisiana are skilled, knowledgeable personal injury attorneys.
With over 30 years of combined experience, they’ve helped clients just like you gather evidence for lost earning capacity and lost future income, helping ensure the full value of their claim is respected and awarded.
Have questions, or in need of legal representation? Reach out to the Gennusa Firm for a FREE initial consultation today.
Yes, lost bonuses, commission, or promotions could potentially be included. However, you would need to prove that you would have been entitled to that extra pay if it weren’t for your injuries.
To prove this, it can be helpful to have a former supervisor verify that you would have, for example, received a promotion or a bonus had your injury not prohibited you from continuing to do your job.
Yes, you can, but verifying lost earning capacity can be much more difficult in these cases because of the nature of how self-employed workers are paid. Self-employed workers essentially pay themselves, so you would need to prove lost earning capacity by submitting your previous three to five years’ income tax records.
And because self-employed income can fluctuate from year to year, proving a specific loss of earning capacity can be more difficult than for a W-2 employee. Because of these complexities, it’s best to allow a personal injury attorney to assist you with your income records if you are self-employed.
Lost earning capacity is an area of compensation that requires more proof, and for some workers, proving lost income can be difficult. Hiring an experienced personal injury attorney who knows how to handle lost earning capacity claims and who knows which documents are needed will significantly improve your chances of a strong and successful claim.
For more information on lost earning capacity in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 298-1983 today.
Louisiana’s Husband and Wife Legal Team, Jeffrey Gennusa and Ana Rodrigues Gennusa of the Gennusa Firm in Louisiana are skilled, knowledgeable personal injury attorneys.
With over 30 years of combined experience, they’ve helped clients just like you gather evidence for lost earning capacity and lost future income, helping ensure the full value of their claim is respected and awarded.
Have questions, or in need of legal representation? Reach out to the Gennusa Firm for a FREE initial consultation today.
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