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When many people get hurt in car accidents, their injuries heal completely with medical treatment and plenty of time. Others aren’t so fortunate. Some serious injuries, especially severe traumatic brain injuries (TBIs) and spinal cord injuries, come with consequences that are devastating and long-lasting. 

FAQ About Catastrophic Injuries and Lost Earning Potential 

What is considered a catastrophic injury under personal injury law?

A catastrophic injury is a severe injury that causes permanent or long-term impairment, such as traumatic brain injuries (TBIs), spinal cord injuries, amputations, severe burns, or loss of vision or hearing. These injuries often affect a person’s ability to work and live independently.

How can a catastrophic injury affect my ability to earn a living?

A catastrophic injury can prevent you from working temporarily or permanently. Even if you return to work, you may earn less due to physical limitations, cognitive impairments, reduced hours, or the need to change careers.

Can I recover compensation for lost future earning capacity?

Yes. In many catastrophic injury cases, victims can seek compensation for loss of earning capacity, which reflects the income and benefits you would have earned over your lifetime if the injury had not occurred.

How is loss of earning capacity calculated in a catastrophic injury claim?

Loss of earning capacity is calculated using evidence such as your work history, education, age, medical condition, and expert opinions from economists, vocational specialists, and medical professionals.

What types of accidents commonly cause catastrophic injuries?

Catastrophic injuries often result from serious car accidents, truck accidents, motorcycle crashes, workplace incidents, and medical malpractice. Any event involving significant force or negligence can lead to these life-altering injuries.

Does a catastrophic injury affect retirement and Social Security benefits?

Yes. If you’re unable to work or must reduce your hours, you may miss out on retirement contributions, employer matching, and future Social Security benefits, which can significantly impact your long-term financial stability.

Should I contact a lawyer after suffering a catastrophic injury?

Absolutely. Catastrophic injury cases are complex and often involve substantial financial losses. An experienced personal injury attorney can protect your rights, work with expert witnesses, and pursue full compensation for your medical costs, lost income, and future earning potential.

These life-altering injuries are generally referred to as “catastrophic injuries,” and some of them may prevent the injured person from working entirely or significantly reduce their earning potential. 

What Counts as a Catastrophic Injury? 

A catastrophic injury is one that has permanent, far-reaching impacts on multiple facets of your life. Common examples include: 

• Traumatic brain injuries (TBIs) 
• Amputations 
• Severe, disfiguring burns 
• Spinal cord injuries 
• Loss of sight, hearing, or another sense 

Many of our clients with catastrophic injuries sustained them in auto accidents. However, medical malpractice can sometimes lead to these kinds of harm as well.  

How Can a Catastrophic Injury Limit Your Earning Potential? 

Some catastrophic injuries could take away your earning potential altogether. However, even if you’re able to work after your injury, it doesn’t mean your lifetime earning potential hasn’t been significantly impacted. 

Here are some of the ways a catastrophic injury might affect your career and ability to earn a living: 

Absence From Work 

Even if you eventually return to the workforce after suffering a catastrophic injury, you may have to go for months or even years without working. As a result, you might lose out on tens of thousands of dollars you otherwise would have made. 

Functional Impairments 

Many people who suffer catastrophic injuries end up with long-term or permanent functional impairments. For example, if your injury has left you paralyzed from the waist down, you won’t be able to do any jobs that require you to walk. Employers may be able to make accommodations for some roles, but it depends on the nature of the job. 

Certain functional impairments could make it so you can’t go back to your old field at all. For example, suppose that you worked as an engineer before suffering a TBI. You now have cognitive issues that make it difficult to order your thoughts, preventing you from performing the duties you once did. 

At this point, any job you take will probably pay far less than your engineering job. It also likely won’t come with the same caliber of health insurance and other benefits. 

Loss of Retirement Stability 

When you lose the ability to work (temporarily or permanently), your retirement may be in jeopardy. If you can’t work, you can’t contribute to your retirement account. If your employer offers matching contributions, you might be missing out on even more. 

Catastrophic injuries can also jeopardize your future Social Security benefits. If you haven’t paid enough into the system, you might not qualify for benefits when you need them. 

Can You Recover Compensation for Losses Like These? 

Most people know that it’s possible to recover compensation for lost wages and medical bills in a personal injury lawsuit. Fortunately, compensation for loss of earning capacity is also generally available. In many cases involving catastrophic injuries, this compensation makes up a sizable portion of the final settlement. 

Verifying the dollar value of your lost earning capacity can be tricky. Our skilled team maintains a network of experts who can help us come to an accurate determination. We might consult one or more of the following: 

• Labor market specialists 
• Economists 
• Medical doctors 
• Medical experts specializing in your type of injury 

Having these authorities on our side is beneficial whether we go to court or not. They may be able to convince the insurance company to pay you what you deserve. If your case goes to trial, they can explain to the judge and jury exactly how they arrived at their calculation. 

Working with experts doesn’t guarantee fair compensation — in the legal world, nothing does. However, when you work with an experienced team of attorneys who partner with experts when needed, you can dramatically improve your chances of obtaining a fair settlement.  

If You’ve Suffered a Catastrophic Injury, We’re Here to Support You 

The team at Silberstein & Miklos has helped countless clients with catastrophic injuries recover the compensation they deserve. We know that money can’t undo your injuries or bring back the prospects you once had, but it can provide some measure of security as you learn to navigate the world in a new way. 

Cases involving catastrophic injuries can be incredibly complicated, and you need skilled legal representation to make sure your rights are respected. Ask4Sam today and schedule your free consultation to get the help you need.