Can I be Compensated for Loss of Future Earnings After a Personal Injury?

A wreck involving a semi, large truck or car can be catastrophic, resulting in permanent injury and disability. If you have survived a crash, you might be overwhelmed, faced with mounting medical bills and unable to return to work.

For many survivors, their financial future is uncertain. They know they physically cannot do the things they could do before the wreck. They are concerned that future opportunities will be reduced. They worry that even if they can get a job, they won’t be able to keep it because of the effects of their injuries.

A real concern in a personal injury case is the victim’s future loss of earning ability. You are entitled to recover damages caused in accidents caused by someone else. This includes the loss of future income. But how do you determine if this applies to your case? And, if it does, how do you calculate how much money you’ll lose over your lifetime?

That’s where people like Sara Ford come in. Ford is a vocational economic analyst featured in the latest episode of my podcast, After the Crash. She discussed the process of helping clients recover the loss of future earning ability and answered how, why and when you need a vocational economic analyst.

Vocational economic analysts: Who, what, why and how

Ford works for Vocational Economics, Inc., a national forensic consulting firm specializing in defining economic damages. Ford works directly with attorneys in determining objectively a person’s loss of earning capacity.

Ford has worked with Vocational Economics, Inc., for nearly 20 years. She said that each case is different, but there are similarities among them. Her role is to help the jury understand how disability affects someone’s labor.

There are many factors: Can the client return to the job they held before the accident? If not, they must consider which jobs the client could pursue, if they have the ability to work.

Perhaps a client can return to their job, but they no longer have the wherewithal to work overtime or long hours. Or maybe the client was not employed at the time of the accident but expected to be in the future.

All of these are considerations that analysts like Ford make. By studying each client’s circumstances, they can calculate the cost of an accident over the course of a person’s work life.

What does ‘earning capacity’ mean?

Earning capacity refers to “the brains and the brawn,” or the skills, knowledge and expertise a person brings to the competitive labor market, Ford said. It is measurable and individualized.

The analyst will look at the client’s demographics: age, education, gender, physical ability. Which jobs is a person with those criteria qualified to do? How much money do they typically make? Looking at statistical data helps them identify these answers.

Vocational economic analysts will also consider a person’s total compensation, not just wages. This includes all benefits, such as health insurance, pensions, retirement benefits, etc.

How disability affects future earning capacity

Professionals like Ford must then consider how a person’s disability will affect their earning capacity. They might consult medical professionals to explore how impairment will affect the client’s performance. They review medical records or reports. What types of jobs can the client do, and for how long?

Since disability can exacerbate the difficulty of aging, the client may have to retire younger than they would have before the accident.

Unfortunately, people with disabilities are often seen as less productive than their able-bodied counterparts. Losing access to the job market means losing earning capacity, so, to get the full picture, Ford looks at all aspects of a person’s life. She often asks them how their injuries affect daily life: chores, hobbies, etc. This can translate to the workplace.

Don’t overlook psychological injuries: PTSD, anxiety

We often assume that disability is visible. If a person “looks” able-bodied, we don’t question their health. For professionals like Ford, these assumptions must be confronted. Traumatic brain injury is one type of injury that may not be visible yet has a drastic impact on people. Psychological injuries are another.

After a tragic wreck, PTSD (post-traumatic stress disorder) is common. People who survive horrible accidents might display a range of PTSD symptoms. Some develop insomnia, an inability to get enough sleep. Others become more easily frustrated and angered. These are the brain’s responses to a traumatic event.

Anxiety might prevent a trauma survivor from engaging in behaviors that remind them of the incident. For example, Ford said, a mail carrier who experiences a dog bite may not be able to return to work. Even if the physical wounds heal, the mental repercussions of a traumatic event can linger. This affects earning capacity and must be considered alongside physical disability.

I have represented many people who, after an accident with a semi or commercial motor vehicle, have severe anxiety driving on highways or interstates near large trucks. I once represented a truck driver who suffered no physical injuries from his wreck but experienced PTSD. He could not get back into the driver’s seat of a truck.

Who qualifies for lost wages and future earning capacity compensation?

If you have suffered a personal injury and are having trouble returning to work or are uncertain that you can, you should talk to your attorney about consulting a vocational expert. Some folks don’t notice they need help until they return to work and struggle to get by, whether from pain, decreased endurance, or another factor.

Important to know, Ford said, is that vocational economic analysts like her cannot put a value on pain and suffering. Her job is to look at the tangible impact of an injury on a person’s productivity/ability to work.

What to do after a personal injury

If you suffer a personal injury from a large truck wreck or another incident, it is important that you reach out to a qualified attorney. Look for someone who has handled cases like yours before and is familiar with vocational experts.

Hiring an attorney and the necessary experts can be life-changing for victims of these tragic accidents. Here at Craig, Kelley & Faultless, we treat clients as we would want to be treated: with respect, empathy and a willingness to fight for what is right. We serve clients in Indianapolis and St. Louis, as well as Kentucky, Ohio, Iowa, Illinois, Indiana and Missouri.

Contact us today at (800) 746-0226 or through our online form.

To learn more, watch Sara Ford being interviewed on After the Crash. Please subscribe to After the Crash. It is free, and you can keep up with the most recent episodes.

 

David W. Craig sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.