In a truck accident personal injury case, you may be able to collect several types of damages with this section focused on Economic Damages.
These are quantifiable financial losses you’ve incurred due to the accident. For lost wages, you may have both current and future income lost due to missed work as well as a loss of earning capacity (if your injuries prevent you from working in the future).
Important Considerations:
- Indiana Law: The specific types and amounts of damages you can recover depends on the statutory and case law of the State of Indiana.
- Evidence: To successfully claim damages, you’ll need to gather and present evidence to support your claims. This may include medical records, witness testimonies, and accident reports.
- Legal Representation: Get the Gladish Law Group which is a very experienced personal injury law firm that will help you understand your legal rights, gather necessary evidence, and maximize your compensation.
Standard of Proving Future Lost Wages or Economic Disability:
Proving future lost wages or economic disability in a personal injury case requires a strong foundation of evidence and often involves expert testimony.
Here’s a general overview of the standards:
- Reasonable Certainty: Courts typically require a high degree of certainty regarding the future economic losses. This means you need to demonstrate that your injuries will likely have a significant and lasting impact on your earning capacity.
- Medical Evidence: You’ll need comprehensive medical records and expert testimony from doctors, specialists, and vocational rehabilitation experts. These professionals should assess your injuries, their long-term effects, and their impact on your ability to work.
- Economic Evidence: You may need to provide evidence of your past earnings, including pay stubs, tax returns, and employment records.
- Expert Testimony: An economist or vocational expert can provide valuable testimony regarding your future earning potential, considering factors such as your age, education, work experience, and the local job market.
- Life Expectancy: Your life expectancy may be considered in calculating future lost earnings.
Damages Calculation:
Methods for calculating future lost earnings can include:
Human Life Value Approach: This method considers your expected lifetime earnings and reduces them to their present value.
Wage Loss Method: This method focuses on the specific wages you are likely to lose due to your injuries.