Can I Claim Lost Future Wages/Income For a Waldorf, MD Auto Accident?
Yes, if the facts of your case are appropriate. For any type of personal injury claim, including auto accidents here in Waldorf, Charles County, or other parts of Southern Maryland, if the injured victim has suffered injuries causing some loss of capacity — like loss of movement or diminution of sight or hearing — there can be a claim for loss of future wages and earning capacity. Generally, under Maryland personal injury law, a victim has the right to claim compensation for ALL losses resulting from the accident. These include FUTURE losses.
Future losses are allowed because an insurance settlement (or court judgment) will occur at a specific point in time, even though the losses may continue beyond the point at which the settlement is reached. There are other examples of future losses, including future medical expenses, future pain and suffering, etc. Proving and collecting future losses is legally complex. The method of proving future losses is more complicated than proving past and current losses. Thus, you will need help from experienced and seasoned Waldorf, Maryland personal injury attorneys like the ones here at the Law Office of Robert Castro. Our number is (301) 870-1200.
What must be proven to recover lost future wages/earnings
Past lost wages/earnings are generally proven by showing that the injury resulted in lost time at work. Proving this generally means showing the number of days/weeks of lost work and proving the amount of wages/earnings that would have been earned but for the accident. This is generally shown through testimony from the injured victim and through business records from the victim’s employer.
To prove loss of future earnings — often called “diminution of earning capacity” — requires proof of additional legal elements. In simple terms, this is what must be shown:
- Some injury was caused by the accident
- The injury resulted in lost work time
- The injury has resulted in a work-related impairment sufficient to cause future long-term loss in earnings
- Proof of the current earnings
Generally, the first three elements will require expert testimony from a physician or other who is competent to testify about medical causation. That is, the “link” between the accident and the injury must be established through testimony from medical experts. Further, the “link” between the injury and the lost time from work must also be shown through expert testimony and reports. Finally, proof that the injury caused a work-related impairment must be shown by a medical doctor, another medical professional, or maybe a vocational expert. Generally, there must be some physical or cognitive restriction or disability (partial or full) that impairs your ability to work. If your disability is total — you cannot work at all — then you are entitled to recover ALL loss of future earnings. If your disability is partial, then you are entitled to recover the difference between what you would have earned and what you can now earn (at a different job, for example).
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
