Can I recover for my future lost wages?

Past lost wages are generally a straightforward matter. An experienced Baltimore personal injury lawyer will tell you that in a serious personal injury action, though, the injured person's future earnings must be considered in two ways. If that injured person will incapacitated for a period of time after the trial, and was working prior to the injury, a reasonable measure of damages is the average wage earned prior to the incapacity, projected over the length of the incapacity. "In an action for personal injuries, a plaintiff may recover for loss of future earnings which will reasonably and probably result from the tort. Monias v. Endal, 330 Md. 274, 623 A.2d 656 (Md., 1992). "A tort victim suing for damages for permanent injuries is permitted to base his recovery on his prospective earnings for the balance of his life expectancy at the time of his injury undiminished by any shortening of that expectancy as a result of the injury." Sea-Land Services, Inc. v. Gaudet, 414 U.S. 573, 595, 94 S.Ct. 806, 819, 39 L.Ed.2d 9, 26 (1974). What if the person is not working at the time of the injury, or, has just started a new career that is expected to yield income, but has not yet? Consider that this person cannot any longer work in that new field because of their injuries. That is a different type of claim. "There is a distinction between loss of earnings and loss of earning capacity. A person is entitled to compensation for the lost capacity to earn, whether he would have chosen to exercise it or not. Most courts which have discussed the subject have held that it is not necessary to show either the plaintiff's earnings prior to the injury or decrease in earnings after the injury in order to establish the fact of loss of earning capacity." Monias v. Endal, 330 Md. 274, 623 A.2d 656 (Md., 1992) How does one prove what their "earning capacity" is? "Essentially, an accident victim is entitled to be compensated to the extent his or her power to work in an activity that produces income has been reduced by the injury. There is no fixed rule by which the amount of damages for diminution or impairment of earning capacity may be definitively measured. Instead, all relevant facts on the issue must be considered. The prevailing proper measure of lost earning capacity is the difference between the amount that the plaintiff was capable of earning before his injury and that which he is capable of earning thereafter. Essentially, the plaintiff must establish the disparity between the market value of his services before and after the injury." Anderson v. Litzenberg, 694 A.2d 150, 115 Md.App. 549 (Md. App., 1996). An experienced Baltimore personal injury attorney can provide you with guidance in proving a future wage claim.

Property damage in personal injury lawsuits

The notion that there is a correlation between the dollar amount of property damage in a motor vehicle accident, and the severity of a personal injury has some logical appeal. If a car’s front end is smashed in, then the occupants would seem...

Lost wages in personal injury settlements

The recovery of past lost wages in some personal injury claims amounts to little more than mathematics. The average weekly hours a person works before their accident, multiplied buy their hourly wage, multiplied by the amount of time missed....

Personal injury settlement: Medical bills

Maryland, like many states, has enacted a statute that sets the right of health insurance providers, or third party payors generally, to assert a claim on the proceeds of a personal injury lawsuit. Knowledge of these provisions is a key in getting...

How Much Will I get for my Personal Injury Case?

Of course the most important consideration in any personal injury award is the “in your pocket” number. After attorney fees, litigation costs, outstanding medical balances, and everything else has been accounted for: “How much do...

How much is the case worth?

Medical expenses are one variable in the value of any case. They impact the value in a direct sense. A claims adjuster, judge, or juror, at some point will be presented with those bills. The injured person is entitled to collect the amounts paid, in...

What is the value of an injury claim?

Two things remain true about the valuation of a personal injury case. One, it is one of the core functions of a personal injury lawyer – to assess the likely outcome of a claim at trial. Ideally, this is done with a balance of reason and...

How much is a personal injury case worth?

I’ve said elsewhere that it is by far any away the most common and frequent question that I’m asked. In addition, though, it is probably the most legitimate. The primary role of a personal injury attorney is getting their injured client...
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