How do I pursue lost income because of a car accident brain injury?

An Orange County Traumatic Brain Injury Attorney Explains How to Calculate Lost Wages After a Car Accident Brain Injury

Any type of vehicle accident can leave you with injuries. Some may be minor, but some can be life-changing—especially if you suffer a traumatic brain injury (TBI). Any type of injury that involves cognitive impairment can cause memory loss, personality changes, and the inability to continue working. A TBI can also result in significant financial losses for the injured person and their family.

At Case Barnett Law, we understand that as medical bills mount and you’re unable to earn a paycheck, you need an experienced Orange County traumatic brain injury attorney who will fight for the compensation you deserve. Here, we discuss how we’ll help you calculate your lost income and earning potential when your car crash injury results in a TBI.

How a Brain Injury Can Affect Your Wages

Depending on the severity of your brain injury, you may need to take time off work to recover, or you may face permanent disability that makes it impossible for you to work at all. You may need 24/7 care and be unable to live independently. Here are examples of how a TBI might impact your ability to earn an income:

Reduced cognitive skills. TBIs often cause problems with concentration, problem-solving, and memory. Even a highly educated professional may find themselves unable to keep up with the mental demands of their job.
Physical limitations. Balance issues, chronic pain, vision problems, and a loss of fine motor skills can affect your ability to perform manual labor jobs or work that requires physical dexterity. You may need to switch to a less demanding, lower-paying job.
Behavioral issues. A TBI can cause significant personality changes. You may exhibit inappropriate behavior, make impulsive or quick decisions, or be quick to anger. This can make it challenging to interact with coworkers, clients, or customers in a professional manner.

How to Calculate Your Lost Wages After a TBI

To obtain compensation for lost wages after a TBI, your Orange County traumatic brain injury attorney must prove the amount of income you've lost due to your injury. There are many factors that are considered when determining this amount, including the following:

Your salary when the accident occurred
Lost benefits, including health insurance or retirement account contributions
Your age
Your education level
All earning potential prior to the accident
How much work you missed because of your injury
Long-term impacts on your ability to advance in your chosen career

Your attorney will not only calculate the paychecks and benefits you’ve lost, they may also consult with professional experts who will help determine your lost earning capacity over your lifetime. For those with TBIs that lead to permanent disability, this calculation is particularly critical.

TBIs and Long-Term and Permanent Disability

If your TBI leads to long-term or permanent disability and you can no longer work in the same capacity as before or not at all, our brain injury lawyer will work with economists, vocational specialists, and medical experts to determine your lost earning capacity over your lifetime. This is a very complex and complicated calculation that can include the following factors:

Your prior earnings history. Your attorney will gather tax returns, W2 forms, and pay stubs to help establish your wages before the TBI. If you're self-employed or rely on tips or commissions, your attorney may need to consult tax returns from other years to determine your average income.
Your age and work-life expectancy. When experts determine your lost wages, they will consider the length of time you’re expected to be part of the workforce. This will play a major role in your lost earnings calculations. For example, a brain injury at age 30 will have a more significant impact on lifetime earnings than an injury after age 55.
Your education and training. Usually, a person with an advanced degree has a higher earning potential than a worker without a college education. If you can no longer use your degree due to your TBI, you may be entitled to compensation for the loss of your expected career path.
Reduced working capacity. Depending on the severity of your TBI, you may be able to return to work in a reduced capacity or train for a new job that accommodates your limitations. A vocational expert can assess your skills and abilities to determine your post-injury earning potential.
Promotions and advancement opportunities. Your attorney will consider your potential for future career advancement. For example, if you were a supervisor at a large corporation on track to be a manager, your lost earning capacity will be considered by calculating the salary increase you lost by not being promoted.
COLA and inflation. To calculate your losses over your lifetime, economic experts will need to consider factors such as inflation and changes to the cost of living. This helps ensure that your lost earning capacity remains an accurate reflection of the salary you would have earned if you had not suffered a TBI.

Speak to Case Barnett Law About Your Brain Injury Claim

After your TBI, it’s important that your lost wages and lost earning potential are accurately calculated. These are two critical components of securing the compensation you’ll need to protect your financial health and future. At Case Barnett Law, we have experience handling complex brain injury cases, and we’ll work with a team of respected experts to build a strong case on your behalf. If you've suffered a loss of income after a TBI caused by someone else's negligence, contact an Orange County traumatic brain injury attorney for a consultation. We understand the physical, emotional, and financial toll a TBI takes on victims and their families. Our experienced legal team will provide support and guidance during a difficult time and fight to hold the at-fault party accountable.