What is loss of future earning capacity?
It's a separate category from past lost wages, and it's frequently the largest element in a serious case.
The concept. Not what you actually lost, but what your capacity to earn has been diminished by. Someone who returns to work at full pay may still have a claim if the injury limits what they can do over a career.
What it requires. Medical evidence of a permanent limitation. Vocational evidence about what work the person can and can't perform. And economic evidence translating that into a present value over the working life.
Where it applies most. Physical trades and any occupation with physical demands. A framer with a permanent lifting restriction has a substantial claim even at the same wage today, because the career path narrowed.
What defeats it. Speculation. A claim that someone might have been promoted, without evidence, doesn't establish anything.
Timing. This requires expert work and lead time, which is another reason serious cases shouldn't be rushed toward settlement.
If your work is physical and the injury is permanent, raise this early. It takes time to build. ---
Talk to an Attorney — Free
An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.
