Getting hurt in an accident can turn your life upside down. Even after treatment, lingering effects may prevent you from returning to work—or from performing at your previous level. In Vermont, that loss of future earning ability is known as "loss of earning capacity." It can form a significant part of your compensation in a personal injury case.
If you’ve experienced an injury that limits your ability to work, you might wonder: How much can I claim? Vermont law allows you to seek damages for both past income lost and future income you can no longer earn. But figuring out what’s fair depends on factors like your age, occupation, training, and the long-term impact of your injury.
We walk through Vermont law on loss of earning capacity, the evidence you’ll need, and how compensation is calculated in the article below. You’ll also learn how comparative negligence and the state’s three‑year deadline factor into any claim.
What “Loss of Earning Capacity” Means in Vermont
Your lost wages are the income you already missed out on—like paychecks during recovery. Loss of earning capacity goes beyond and compensates for diminished future earning potential caused by your injury.
If your ability to work is permanently reduced—like being unable to perform your former job or forced to take a lower-paying role—you may be entitled to damages that reflect the income you would have earned but for the accident. That could include reduced promotions, decreased hours, or lost career advancement.
Vermont Law: Income You Can Recover Via Personal Injury Claim
In Vermont, victims of personal injury can recover both past and future economic losses. The state follows a pure comparative negligence rule, meaning you can still recover even if you are partially at fault—though your compensation is reduced proportionally.
The statute of limitations for personal injury claim in the state of Vermont is three years from the date of injury. This is why it is so important to act quickly.
Unlike many other states, Vermont has no cap on noneconomic damages, though economic losses like lost earning capacity are based on measurable facts.
How Future Earning Loss Is Calculated in Vermont
This often involves expert testimony—especially from economists and vocational specialists. Here’s how it works:
- Assess baseline earnings and career path
Experts look at your prior earnings, education, training, and promotion opportunities. - Estimate future earning potential before injury
Using historical income, projected raises, or typical wage growth for your profession. - Estimate post-injury earning potential
The specialist evaluates work restrictions and job options available after the injury. - Calculate the difference
The gap between these two projections forms the basis of your claim. Adjustments include life expectancy, retirement plans, and inflation.
If you’re self-employed or work irregular hours, the same principles apply—you can claim lost profits, reduced revenue, or lost opportunities. But precise documentation, like tax returns and business records, becomes essential.
Successfully Proving Loss of Earning Capacity in Vermont
To support a claim, you'll need:
- Medical testimony documenting your injury and any work-related impacts
- Vocational reports outlining how your job performance is affected
- Economic analysis comparing projected earnings before and after injury
- Supporting career documentation, like pay stubs, tax filings, and employment contracts
- Evidence of overtime, bonuses, or commissions—additional compensation sources you may have lost
Without experts, it's difficult to convert income loss into future-loss dollars. Courts expect reasonable certainty, not guesswork, which is why professionals are crucial.
How Vermont's Comparative Negligence Laws Affect Your Damages
If you share responsibility for the accident, Vermont’s modified comparative negligence system reduces your award by your percentage of fault. This is how it works: If you are assigned 15% fault, your compensation is reduced by 15%. However, if you are found to be more than 50% at fault, you cannot recover any damages.
What Counts as Lost Earning Capacity in Vermont?
Here are common scenarios:
- Cannot return to your field due to physical limitations (e.g., inability to lift, stand, or perform skilled tasks)
- Must accept lower-paying work due to injury restrictions
- Missed promotions or lack of career progression because of time away from work or diminished capacity
- Early retirement due to an inability to perform work duties to full capacity
- Self-employed individuals suffering from lost business income or deferred growth
Even if new work is possible, comparing potential wages to your original path is table-stakes in calculating this component of your compensation.
Why Getting Legal Help Matters
Determining the value of your lost earning capacity requires some expertise, which is why it is best to get legal help.
A trial lawyer brings value by:
- Hiring credible economic and vocational experts
- Collecting and organizing financial records
- Countering insurance companies' lowball offers
- Ensuring your claim accounts for overtime, bonuses, or career trends
- Navigating comparative negligence and legal deadlines
Call Brandon J. Broderick For Legal Help
If an injury in Vermont has changed your work life or financial outlook, you're not alone. At Brandon J. Broderick, Attorney at Law, we assist clients in building strong claims for loss of earning capacity—on top of medical bills and pain and suffering.
Our team partners with leading economists, medical professionals, and vocational experts to ensure your case reflects what you’ve truly lost. We help gather documentation, file on time, and assert your rights—even under Vermont’s comparative negligence standard.
Don’t wait—contact Brandon J. Broderick today for a free consultation and get clear answers about the recovery you deserve.