LOST EARNINGS CAPACITY

In the instance of the wrongful death or permanent disablement (total or partial) of adult wage or salaried workers, professionals, and the self-employed, we can compute the value of lost earnings capacity. We are also able to determine whether your client has any residual earnings capacity and compute the value of that as well. Unlike more simple models, we include the probabilities of future unemployment, disability and death; changes in earnings growth rates; and the changing value of fringe benefits, to produce a more realistic appraisal of the plaintiff’s losses.

EARNINGS CAPACITY OF INFANTS, MINORS
& THE UNEMPLOYED

The “capacity” to work is the potential to work and earn. However, pursuit of litigation involving infants, minor children or the unemployed in instances of medical malpractice or wrongful death or disability has been troublesome because of the absence of a vocational history. While it is impossible to predict the exact occupation a minor child would have pursued as an adult, determination of the probable future work role of a minor, including likely educational achievement, allows a calculation of lost or diminished earnings capacity.