If a serious injury keeps you from doing the work you used to do — or from working at all — Delaware law generally allows you to recover for that loss. But proving lost earning capacity requires more than pointing to a paycheck. It requires a forward-looking analysis of what your career would have been versus what it now is.
The Detailed Answer
Earning Capacity vs. Lost Wages
Lost wages are the income actually missed from the date of injury to the date of resolution. Loss of earning capacity is the projected reduction in lifetime earning ability going forward, regardless of whether the person is currently employed.
Vocational Evaluation
A qualified vocational professional reviews:
- Education and training
- Work history and prior earnings
- Physical and cognitive limitations after the injury
- Job market and transferable skills
The output is an opinion on the types of jobs the person can still perform and the wage range associated with those jobs.
Economic Analysis
A qualified economic expert then calculates the difference between projected pre-injury and post-injury earning streams over the work-life expectancy, accounting for wage growth, fringe benefits, and present-value discounting.
Special Situations
- Self-employed — tax returns, business records, and industry data fill in for W-2 history.
- Young workers — without long earnings histories, statistical and educational data are used.
- Children — projections rely on family background, demographics, and education trajectory.
What This Means for Your Case
Loss of earning capacity is often the largest economic damages category for working-age people with permanent injuries. Cases involving brain injury, spinal cord injury, amputation, or other catastrophic harm generally include this analysis. Joseph M. Jachetti has experience handling cases requiring detailed economic and vocational evidence.
Related Questions
Q: Can I claim earning capacity loss if I am back at work?
Yes, when you are no longer able to perform the work you previously could or have lost advancement opportunities, even if currently employed.
Q: What if I was unemployed at the time of injury?
Loss of earning capacity is about ability to earn, not current employment. Unemployment at the time of injury does not bar the claim.
Q: How does retirement age factor in?
Economists use work-life expectancy tables that account for typical retirement patterns by occupation and demographics.
When to Talk to a Delaware Personal Injury Lawyer
If a serious injury has affected your ability to work, a Delaware catastrophic injury attorney can help build the vocational and economic case for full recovery.
Free Consultation
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
Have a Question About Your Case?
Get a free, confidential consultation with a Delaware attorney.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.