The Importance of Using a Vocational Expert in Calculating Loss of Earning Capacity

If your client has been injured in an accident, then you will likely have some idea about what they are able to do – and not do – after that accident. Perhaps they played tennis before the accident, and now you know that the injury to their arm is so severe that they can never enjoy tennis again.

Perhaps they had a very physical job that required a lot of lifting, or a lot of driving. Now, after the accident, they know that their back injuries will make it difficult to do that job because they cannot lift objects of a certain weight, or cannot drive for long periods of time without causing more pain to their back.  

All of those possibilities are easy to talk about but think about trying to prove those damages in a court of law. Indeed, a personal injury lawsuit will require that you quantify your damages in some way. It might be easy to state that your client can’t drive for their job like you used to do, or they can’t play tennis anymore – but what are those losses worth? That becomes a question that you need an expert to answer.

In this article, we are going to talk about the way in which you can put an accurate dollar value on your client's long-term injuries after an accident. Accordingly, we will be talking about a loss of earning capacity vocational expert.  

Economists vs. Vocational Experts

At first blush, you might be under the impression that you can get an economist to do the calculations needed, and testify as to the value of your injuries in court. However, you should know that economists are not the correct experts to use for such valuations. While an economist might take your client’s pre-injury income, and make an estimate about what their post-injury income would have been. Yet, a vocational expert in your personal injury case can do so much more.

You see, a loss of earning capacity vocational expert conducts what is called a “vocational assessment.” Thus, unlike an economist who is left to only using numbers about your client’s income, a vocational expert has the training and resources to evaluate your client, understand what their work limitations now are following a serious injury, and analyze the kinds of jobs available in the marketplace that they are now able to do based on their injuries.  

In fact, a vocational expert would be much more accurate and thorough in putting a valuation on your client’s damages based on an injury. A vocational expert would be able to come to a damages number based on an assessment of “pre-injury earning capacity” and “post-injury earning capacity.”

The Facts About Earning Capacity

The concept of earning capacity is not simply a look at your client’s current income. It actually requires a review of all many factors in your client’s life, including their education, physical and mental abilities, work experience, natural skills, and the job market in the region in which your client lives.  

We know that we do not always have a job that incorporates all of our strengths. With a vocational expert, he or she can make a solid assessment of your client’s earning capacity after taking a look at all of those factors in your life. A vocational expert will then make the same assessments when looking at your client’s abilities and skills after an accident to determine your post-injury earning capacity.  

Thus, a vocational expert has the ability to take a holistic view of your client’s life, strengths, and weaknesses, and reliably testify in court as to his or her conclusions about what your client’s post-injury earning capacity is compared to their earning capacity before that accident. The vocational expert’s conclusion is, of course, the result of a review of your medical records, a consultation with your physicians, an analysis of the kinds of accommodations that are available to see what jobs they can do post-injury, and vocational tests to measure your client’s interests and abilities.  

In sum, a lot of information goes into an earning capacity assessment that can be used in your court case. A vocational expert is the best way to understand and present that earning capacity in your case, to maximize the damages you should receive.