Lost earning capacity is when a person is unable to work due to an injury and has had a significant reduction in income. This is common in cases where the victim has become disabled after the accident. Warshafsky won a $2.8 million dollar settlement for a motorcycle accident victim who was paralyzed from the accident.
An elderly man in his seventies is riding on a motorbike. He is an active man who does a significant amount of charity work and enjoys traveling in his retirement years. As he crosses an intersection, a semi-truck fails to stop at the intersection and strikes the man. The man is rushed to the hospital and treated for his injuries.
Despite several successful months of physical therapy after the collision, the man continues to struggle with partial paralysis in his legs. Mike Tarnoff of the Warshafsky Law Firm fought for him, eventually settling with the trucking company’s insurer for 2.8 million dollars. The most contested aspect of the case involved the concept of “earning capacity.”
The trucking company tried to minimize the settlement by pointing out the man is retired and, therefore, had not lost any earning capacity. Insurance companies often try to pull this legal maneuver. Here’s the insurance company’s argument: a retired person has no new monthly income, so what income is there to reimburse in a potential settlement?
The presumption is income in terms of dollars is the only legitimate use of “earning capacity.” If you have no income, you have no earning capacity. This is wrong! Earning capacity is not determined by present and future income. Earning capacity is not an aggregate number roughly estimating a person’s present and future income in dollars. It is a person’s power or capability to acquire money by contributing their talents and skills. Just because you are unemployed or retired does not mean you have no power or capability to acquire money.
A man in excellent physical condition who frequently does charity work is someone with the power and capability to acquire money. He simply chooses not to. Tarnoff, Wisconsin paralysis attorney, pursued this line of reasoning and earned a substantial settlement for his client, achieving an important Society Changing Judgment, setting the precedent and forcing insurance companies to honor the true definition of earning capacity. No one will fight insurance companies harder than the motorcycle accident attorneys at Warshafsky Law Firm. We boast a long history of challenging multinational corporations and entrenched legal inconsistencies favoring the highest bidder at the expense of the oppressed individual.
When you’re paralyzed, your quality of life is permanently damaged. No price can be put on your quality of life. We understand. That’s why we push for the absolute most for our clients—we believe no maximum settlement exists in personal injury disputes. You will not be charged a cent until we win.
Many personal injury firms will lowball you. They will get in, get their cut and get out. By keeping the settlement process as short as possible, they limit administrative costs and profit by sheer volume. The attorneys at Warshafsky Law Firm refuse to engage in blatant profiteering tactics. Our priority is ensuring your case is heard in court and you receive the best representation. You will not be charged a cent until we win. Get Warshafsky on your side. You will procure the highest possible settlement from all responsible parties.
What to do after a crash
Choosing an attorney
Car accident settlements
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