You or a loved one who has been injured in an accident may be responsible for a variety of unforeseen expenses, including costly medical bills, lost wages if you are unable to work during recovery from an injury, and lost wages. You may be able to file a personal injury claim or lawsuit to recover damages related to the injury sustained as a result of the negligence of another party, be it in a slip-and-fall accident, a car accident, or another type of accident.

You may be entitled to compensation for potential future losses if you believe that your recovery, rehabilitation, or care will continue in the future. Damages known as "future losses" are usually awarded in cases of serious injury where the injured party may be unable to return to their job or to any type of employment altogether.

In this blog post, we will explain in detail what future damages are in a personal injury claim. We encourage you to consult with an experienced Pennsylvania personal injury attorney, such as Brandon J. Broderick, as with any legal matter. When an unforeseen injury disrupts your life, you are not alone; our team is here to assist you in handling the situation and obtaining a positive solution.

What Proof Do I Require to Recover Future Income Losses?

Loss of future earnings, also known as "lost earning capacity," is permissible in personal injury cases under Pennsylvania law.

In Pennsylvania personal injury cases, recovery for loss of future earnings requires that you show proof of the following:

• Proof of taxable income before the accident: It would be challenging to establish a claim for loss of future revenues if you had no income prior to the accident. A possible exception would be for degree-seeking students. Proving the exact amount of money earned through an "under the table" side job is difficult. In general, "taxable income," as disclosed on Forms W2 and 1099, is the only type of proof considered by the courts.
  
• Proof of an Injury That Prevents Work: A physical and/or mental injury must have been sustained as a consequence of the accident. In addition to your doctor's testimony, this can be documented via a form that your doctor completes. You may be permanently disabled or subject to significant physical restrictions in the near future, according to the testimony of your physician. Diagnostic images may make it easier to prove the severity of the injury. In court, pain diaries and journals may be introduced as evidentiary support to demonstrate the substantial impact that an injury has on an individual's daily functioning, specifically in relation to their occupational capabilities.

What Are “Future Damages” in a PA Personal Injury Claim?

When a plaintiff can establish that a defendant has caused them harm, they are entitled to damages in the civil court system. The civil justice system is different from the criminal justice system because of its focus on contract law and tort law. A variety of damages might be available, dependent upon the defendant's wrongdoing towards the plaintiff and its consequences. An example of this is future damages.

Future damages may be awarded in personal injury cases when it is reasonable to anticipate that a loss or injury will occur in the future due to the negligent or intentional action or omission of the defendant. The existence of such a plausible expectation establishes a strong basis for potential future damages.

How Do I Prove Future Damages?

Because projecting future damages in a personal injury claim is speculative in nature, there are concerns that future damages may be excessive. As a consequence, expert testimony is typically required to substantiate an estimation of future damages.

As expert witnesses, doctors and therapists are frequently relied upon in personal injury cases. Before anything else, these medical experts will assess the severity of your injuries. Some injuries may not heal, including those to the head, neck, and vertebrae, whereas a broken arm can heal. You might be unable to return to work, or at the very least, not in the same capacity as previously due to the accident. In this case, your future earning capacity has been significantly reduced or eliminated entirely. The utilization of expert testimony from one's doctor and employer enables an objective evaluation of the negative effects resulting from an accident.

However, they are not the only negative effects. You may endure ongoing psychological distress, physical pain, and suffering as a result of your injuries, in addition to a reduced capacity to generate income. Future damages are intended to compensate for any valid injury or loss that occurs in the future, encompassing all related expenses such as medical expenses, lost wages, physical and mental distress, and so forth.

Lost Income

Should you sustain permanent injuries that prevent you from returning to work, you may be entitled to seek damages for lost wages and diminished future earning capacity in your personal injury claim. This type of compensation entails a forecast of the potential earnings and benefits that the plaintiff would have received if the accident had not happened.

If an injured party is still able to work, although not in the same capacity or function, they might be entitled to compensation for the difference between their present income and their potential earnings prior to the accident. The following factors should be taken into account when estimating potential future earnings:

• Salary before the accident
• Annual bonuses
• Commissions
• Employee benefits

An economic or labor expert may be hired to assist in determining your potential future earnings for the purpose of your claim.

Medical Costs

The severity of your injuries will likely result in increased medical expenses, and you might require treatment for a longer period of time, potentially permanently. You may, for instance, require an extended period of hospitalization, multiple surgeries or procedures, rehabilitation, and/or in-home care. The addition of any of these medical requirements may substantially escalate both the overall cost of your claim and your subsequent medical expenditures.

Typical medical expenses that a claim for future damages might cover include the following:

• Future rehabilitation expenses
• Future in-home care or nursing
• Future medical treatments
• Home or vehicle modifications required for your long-term illness or handicap
• Costs of domestic services that you are no longer able to perform

In order to determine the appropriate amount to pursue for future medical expenses, an experienced personal injury attorney in Pennsylvania will conduct the necessary research. When calculating the total value of your claim, it is often crucial to achieve maximal medical improvement (MMI). To ensure that you have sufficient funds to cover future expenses, it is wise to be proactive regarding the future.

Brandon J. Broderick is Ready and Available to Help You With Your PA Lost Wages or Loss of Earning Capacity Claim

Brandon J. Broderick, Attorney at Law, places a primary emphasis on the restoration of your health and well-being prior to commencing the legal process for recovering your financial losses.

Please do not hesitate to contact us in the event that you have sustained an injury in an accident. Our law firm is dedicated to providing support to individuals who are seeking assistance with their PA personal injury claims. Our attorneys possess a wealth of knowledge spanning several decades as well as a wide array of resources, which are essential in ensuring a favorable resolution for your claim.

The attorneys at Brandon J. Broderick place a great deal of importance on providing quality service to clients and ensuring that their needs are met. Please do not hesitate to reach out to us promptly to schedule a free consultation.