Diminished Earning Capacity (Loss of Future Earnings)

Recovering compensation for future loss of income or earning capacity through a personal injury lawsuit.

If an accident or personal injury has left you unable to return to your field of work, you absolutely have the right to pursue compensation for lost wages and a loss of future earnings, and our Dallas attorneys can help!

When an individual is involved in a serious car accident or otherwise suffers to an injury as the result of another person’s negligence, there are several types of damages for which the attorney can seek compensation; one of which is diminished earning capacity. While direct expenses such as medical bills are important, what happens if the injured party is permanently disabled and no longer able to work? How will he or she support their family in the future? This is where a claim for diminished earning capacity (or future loss of earnings) come into play.

Suing for Diminished Earning Capacity

Suing for Lost Future Income after an injury

A diminished earning capacity claim can have a substantial effect on the total value of the claim. While this type of compensation is more difficult to prove than direct expenses, the right personal injury lawyer can ensure you have the best chance at receiving every penny of compensation you truly deserve.

There are several factors that can enter into this type of claim, such as:

  • Your current salary
  • Future raises and expected salary increases
  • Income potential during the employment lifetime of the injured party
  • Cost of living increases
  • Inflation

For example, someone making $50,000 annually—and who could potentially work for another 30 years—should expect their attorney to seek at least $1.5 million in lost future income based on current salary alone. This doesn’t even begin to take into consideration the additional factors listed above.

Why you need to hire an attorney.

Claims for diminished earning capacity are quite difficult to prove and are highly contested. The defendant is going to question what the injured party would have done if he or she had not become disabled. The defendant is also likely to question whether the injured would have continued earning at the same capacity or worked for the assumed number of years. They could question whether potential raises are as high as requested in the claim, and whether or not the company will continuously provide cost of living increases over the projected period of time.

Unfortunately, the burden of proof for this type of claim lies solely on the you as the plaintiff, so it is essential to make sure you hire a personal injury lawyer who is experienced in handling these types of claims. You only get one shot at bringing your case before a judge and jury, and without an experienced attorney at your side, you're simply at a massive disadvantage.

Luckily, our Dallas personal injury attorneys handle these claims on a no-win, no-fee basis. You can hire us with a signature, and we'll begin working on your case immediately. We never bill you for our services, and we only take a fee if we put money in your pocket. If for some reason we cannot secure a fair settlement or lose at trial, you walk away without owing us a penny in attorney fees. For a free consultation, call us today at (214) 617-1886.

Speak With a Dallas Personal Injury Attorney For Free

The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 617-1886.

Request a free consultation below



2525 McKinnon Street #550 Dallas, Texas 75201

Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

Related Post

December 4, 2023
Understanding Your Rights in Hit and Run Accidents in Texas

There is shock, frustration, and suffering after a multi-vehicle crash, regardless of what caused it. Thankfully, you have the right to file a personal injury lawsuit for compensation if you have incurred losses […]

Read More
November 24, 2023
Proving Negligence Under Texas Personal Injury Law

If you wish to submit a claim or file a personal injury lawsuit after you were involved in an accident in Texas, you’ll want to stay abreast of a number of state rules […]

Read More
November 15, 2023
Understanding Texas Dog Bite Laws: Your Rights as an Animal Attack Victim - Tips from a Dallas Personal Injury Lawyer

The American Veterinary Medical Association estimates that 4.5 million dog bites take place in the United States each year. What's more, nearly one in five dog bite victims need to go to the […]

Read More

Why Choose
Rasansky Law Firm

Over 30+ Years Of Personal Injury Experience

Top-Rated and Award-Winning Personal Injury Lawyers

Attorneys Available to Discuss Your Case Now

No Fee Unless You Win

Free Confidential Consultation.

Request A Free Consultation

Fill out the form below to receive a free and confidential initial consultation with an experienced personal injury lawyer.