Loss of earning capacity constitutes a major damage item in personal injury cases. It concerns the income that you can no longer earn due to limitations resulting from injury.
What is meant by loss of earning capacity?
- Loss of income during the recovery phase
- Future income loss due to permanent limitations
- Missed opportunities for promotion or career development
- Loss of pension entitlements
- Loss of additional income from side activities
How is this calculated?
The calculation of loss of earning capacity compares two situations:
| Situation | Calculation |
|---|---|
| Without accident | What you would normally have earned |
| With accident | What you can now still earn |
| Damage | The difference between the two situations |
Important factors in the calculation
- Income prior to the accident
- Expected career progression
- Current earning capacity
- Age and retirement age
- Position in the labor market
Capitalization of damage
Future income loss is converted into a lump sum (capitalization):
- An expert calculates this
- Interest and inflation are taken into account
- Positive and negative risks are offset
Special situation for young victims
For young victims, the damage is often significant:
- Long period of income loss
- Uncertainty about potential earnings
- Damage is based on a realistic estimate
What if I did not have a fixed salary?
For variable income (for example, as a self-employed person or flex worker), the damage is also calculated, often based on the average income over previous years.Are WIA benefits counted as income?
Yes, received benefits are deducted from the damage. Nevertheless, damage often remains, because benefits are usually lower than your previous income.Can I claim damage for missed career opportunities?
Yes, if due to injury you have missed opportunities for a better position or salary, you can claim this. This must be well substantiated.Frequently asked questions about loss of earning capacity in Utrecht
What does loss of earning capacity entail?
It is an important damage item in injury cases, namely the income that you lose because you cannot or can work less.
What are the legal conditions?
The damage is determined by comparing your income without and with injury.
What are my rights and obligations?
Future damage is converted into a one-time payment via capitalization.
What if I do not comply with the rules?
For young victims, the damage can be particularly high due to the long duration of income loss.
Common misconceptions?
Many people do not understand that certain rules regarding compensation are non-negotiable. Legal advice can help prevent mistakes.
When to seek legal assistance?
It is advisable to seek advice in case of uncertainties about your rights, conflicts with involved parties, or if you suspect you are not being treated correctly. Early advice can save costs and problems.
Summary
Loss of earning capacity is a crucial element in personal injury cases. Both victims and other involved parties have rights and obligations that must be complied with.
Key points
- Damage due to loss of earnings is laid down in the Civil Code
- All parties have specific obligations
- Non-compliance can have legal consequences
- In case of doubt, legal assistance is recommended
- Clarity and agreements prevent many issues
Assistance in Utrecht
For legal support in Utrecht, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht: Catharijnesingel 55