When you’re severely injured, it can interfere with your ability to work in the future. When those injuries are due to someone else’s negligence or recklessness, you may be able to hold that person or entity responsible.
Loss of income damages are sometimes mixed up with diminished earnings. Working with the Law Offices of Tim Misny is the best way to find out whether you’ll qualify for loss of income, diminished earning capacity or loss of benefits damages.
Loss of Income and Diminished Capacity Damages Overview
In criminal court, a defendant may be convicted and sentenced to jail time and fines. In civil court, the remedies often include monetary compensation. These “damages” are meant to put the plaintiff back in the same position as they were before the injury, if possible.
For instance, if a construction worker suffers a leg amputation, they may not be able to return to the same job as before—even after the wound heals and they get mobility aids. This may affect their ability to earn income in the future. Damages, therefore, could include money to make up for that diminished earning capacity, as well as lost income while they were healing. Their medical bills and mobility devices would also likely be covered. While there’s no way to truly make up for an amputation, the plaintiff should not have to financially suffer for the defendant’s negligence.
Loss of income
Loss of income damages cover what the plaintiff lost while they were recovering from their injury. This is easy to calculate: simply add up what the plaintiff would have made when they were unable to work.
Diminished earning capacity
Diminished earning capacity makes up for the difference in income, when a plaintiff cannot return to the same job. If they now make less because of their injury, or can never return to work in any capacity, the defendant would have to cover the monetary difference.
Loss of benefits
Finally, a plaintiff may request damages to make up for losing employment benefits, such as healthcare, pensions or retirement plans. Again, the idea is to ensure that the plaintiff is financially in the same position they would have been, had the accident never happened.
The Law Offices of Tim Misny can help you pursue compensation for your injuries. Call us today for a consultation. If we take your case, we’ll fight to make sure you receive all appropriate damages, including past and future lost wages, and loss of benefits.
Talk to an Ohio personal injury lawyer
The Law Offices of Tim Misny can represent your personal injury case. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.