Personal Injury

Economic Damages in a Personal Injury Case

Vocational experts have been used by injury attorneys who want to assess how a plaintiff’s injuries affect their ability to work and earn money. These damages are crucial in helping an arbitrator, mediator, judge or jury determine compensation for the plaintiff’s losses.

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It is an evaluation that is offered for the specific purpose of saying what an injured or disabled person’s ability to work and earn money, given the loss of their functioning, after an injury. This ability to function after an injury is known as the injured or disabled person’s residual functional capacity.

The vocational opinion is based on an objective finding from the medical records, other expert opinions, and sometimes a face-to-face interview along with testing of the injured person. The permanence of the injury is determined medically. The vocational opinion comes after knowing that the injury is permanent or will have no improvement. Injuries that will heal without impact, like a fracture, shoulder dislocation, or knee problem, that can improve with surgery are not typical cases that are litigated with vocational experts because the person’s difficulties are expected to be resolved with time. However, a fracture that causes a fusion or shoulder that restricts range of motion or a permanently injured knee that causes the person not to be able to walk, squat, or kneel are typical vocational evaluation referrals for litigation.

When the permanent injury negatively affects the plaintiff’s ability to work at pre-injury levels or their old job is no longer an option, a vocational expert can help determine the financial loss.