The effects of a wrongful injury are manyfold. Victims suffer physical and emotional pain from their injury, they incur steep medical bills, and they can often lose their job if the injury impairs their ability to work according to Sterling Virginia injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. When a worker loses their livelihood due to an injury that wasn’t their fault, they lose their ability to pay for their own medical bills, and often suffer from even deeper emotional distress.
Many people are aware that, if they suffer from a wrongful injury that costs them their job, they are entitled to sue for the money that they lost from their income. This is known as "diminution in earnings and earning capacity", and is as important to a lawsuit’s outcome as the cost of the medical bills or the suffering caused by the injury in question.
What many people do not know, however, is that there is a legal precedent in Virginia that also allows for victims to be compensated, even if they are able to find work at a less demanding job.
In the case of Exxon v. Fulgham, the courts established that, if you have to leave your current job due to a wrongful injury, and are forced into a job that pays less (even if the new position has the potential to pay more than the old position did), you can still be eligible for legal compensation. You must prove your pre-injury earning capacity, through documentation of your education, training, experience, etc, and then demonstrate how your injury will force you out of your current profession into one in which you are less qualified.
If you have lost any part of your income due to a wrongful injury, you should see an experienced Virginia injury and disability trial lawyer as soon as possible to discuss your options. It is very important for victims of wrongful injury to know their rights, so that they don’t get cheated by large corporations or the insurance companies.