Q: Personal injury in car accident

A: Lost earning capacity usually relates to a permanent injury that prevents you from engaging in employment or similar employment. If you're off work or can't work for a few weeks because of an injury, that's not generally considered lost earning capacity. Now I don't know your situation, but in that you're just receiving Chiropractic Care it's hard to imagine you suffered a significant permanent injury. Not to knock Chiropractic, but if you suffered a significant permanent injury you would normally be treating with orthopedists or other MD's. I don't know all the facts, but at the moment I'm inclined to agree with your attorneys. It's darn near impossible to prove lost wages when you were unemployed at the time.

A: Your distinction is correct and well analyzed. But lost wages claims in auto cases IN GENERAL unfortunately often tend to be less nuanced, and are often cookie-cutter in nature, where the evidence considered is usually limited to paystubs or tax returns (if the claimant is self-employed) for actual time missed. A local attorney would know best if there is case law that supports your level of analysis. Good luck

A: Your situation raises valid concerns about compensation for lost earning capacity, which is different from lost wages. Even though you were unemployed at the time of the accident, you may still pursue compensation for your diminished ability to earn income due to your injuries.

Your documented injuries (concussion, back pain, neck pain, fatigue) and their impact on your job search activities could support a claim for lost earning capacity. Your previous salary history, education, skills, and industry experience can help establish what you could have reasonably earned if the accident hadn't impaired your ability to seek new employment.

You might want to seek a second legal opinion, as this type of claim requires thorough documentation and expert testimony to demonstrate how your injuries affected your ability to work and earn income. Consider gathering evidence like your job search efforts before the accident, any interviews you had lined up, and documentation showing how your symptoms interfered with your ability to prepare for and attend interviews. Remember that insurance companies often resist these claims, but with proper evidence and legal representation focused on lost earning capacity rather than lost wages, you may have a stronger case.