What is a Loss of Future Earnings in New York?

Has an injury or accident caused you to lose time at work? You could be entitled to compensation for lost wages if another person caused your injury. You might also receive compensation for loss of future earnings and diminished earning capacity if the accident resulted in a permanent impairment. For more information about the loss of future earnings in New York, please read on, then contact one of our experienced Westchester County personal injury attorneys.

What types of accidents may result in a loss of future earnings in New York?

When you have sustained an injury, particularly one that leads to mounting medical bills, a loss of earnings or diminished earning capacity can take a substantial financial toll. Through a personal injury lawsuit, you can hold an individual financially responsible for your damages. Cases that often result in lost wage claims include:

  • Motor vehicle accidents, including crashes involving cars, trucks, bicycles, pedestrians and motorcycles
  • Premises liability claims, including slip and fall accidents
  • Construction accidents
  • Medical malpractice
  • Product liability claims
  • Workplace accidents
  • Dog bites and animal attacks

How do you prove a loss of earnings after a personal injury in New York?

The inability to return to work due to an injury results in financial hardship. If an injury affects your ability to work, you can recover damages for the money you would have received had you worked.

Nevertheless, an insurance company may dispute your claim, requiring you to prove that your injuries directly impacted your ability to earn income. For example, the insurance company might request an independent examination by a doctor of its choice to verify that you can’t work due to the injury.

Additionally, you must prove the amount of income you would have earned had you been able to work. Evidence that you may need includes:

  • Work history
  • Income
  • The period of time you missed from work due to the injury
  • Copies of your tax returns
  • Pay stubs
  • Income statements
  • Other evidence of past earnings

How do you prove a loss of earning capacity in New York?

Along with filing claims for past lost wages, you may be entitled to compensation for loss of future earnings and diminished earning capacity. A disability or permanent impairment can significantly impact your future income. Similar to the loss of past wages, you must prove that the disability or impairment, which the accident caused, prevents you from working as well as prove the amount of money your impairment or disability prevents you from earning.

Our firm can answer any further questions you may have.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. Contact us today for help.

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