Wednesday, June 9, 2010

Impaired Earning Capacity

It is very often the case that one's ability to earn a living will be impacted in the unfortunate event of an accident.  When analyzing a personal injury case, impaired earning capacity is always a consideration.  The calculations that go into analyzing the degree that one's earning capacity is impaired requires a significant amount of foresight.  Also, impaired earning capacity is a concept that must be applied on a person to person basis, taking into account the specifics of a person's life.

Some of the factors that go into showing how a person has had their earning capacity diminished by an injury include:

  1. the physical and mental capacities, before and after the injury;

  2. preexisting physical or mental conditions;

  3. educational background and/or training;

  4. type of career;

  5. career potential;

  6. ambition to enter into a career as long as the ambition has a reasonable chance of coming to fruition;

  7. how the injury affects plaintiff's career (For example, severely injured hand may present different difficulties to a typist than it would a taxi driver).

Should you have a question related to Impaired Earning Capacity or a related subject, please contact an attorney at The Law Offices of Adam J. Zayed, P.C.

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