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Earning Capacity Assessments

An earning capacity assessment is a tool for life insurance/income protection claims to establish a person’s economic loss and provides recommendations on the person’s functional capacity, work skills/ability, personality, transferrable skills and work readiness.

Unemployed Spouse

Many spouses have been out of the competitive labor market due to their responsibilities of child care. An evaluation can be made regarding their ability to use their previous education, skills, and past employment to return to the local labor market. The evaluation determines the spouse’s highest level of employability and future earning capacity in the local labor market given their past education, work history, skills, and vocational capacity. The judge will use the information gained from the earning capacity assessment to impute the spouse’s income.

Underemployed Spouse

Due to layoffs, downsizing, or a poor economy, it’s not unusual for a spouse to be laid off from a job or to be working in a job that is not consistent with their past education and/or work experience. A vocational evaluation can assist in the determination of the persons highest earning capacity in the labor market.

Disabled Spouse

If a spouse states that their medical or psychological disability will prevent them from being employed, an employability evaluation can assess their vocational capacity and their ability to be competitively employed. This assessment consists of a review of the medical records, a vocational diagnostic interview if determined, vocational testing, analysis of the spouse’s transferable skills, and research as to what the person can earn in the competitive labor market.


 
Change of Financial Circumstances or Post-Divorce Reopener

After a divorce has been settled, an assessment of a spouse may be made due to a loss of a job, a new career, injury, or relocation. An evaluation of the effects of these life changes on the spouse’s employability and earnings can be made based on a transferability skills analysis and local labor market research which will document the spouse’s new earning capacity.

Evaluation of Lifetime Medical Costs of a disabled child

The lifetime costs of a disabled child are sometimes calculated into the financial settlement in a divorce. The OAS Rehabilitation Expert can evaluate the long term medical costs of the child’s disability by researching the cost of the required medical services in the local area. The development of a Life Care Plan can assist the court in adjudicating this complex issue.

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Case Verdicts

CEREBRAL PALSY, SEIZURE DISORDER, BRAIN DAMAGE

STATE CHILD-WELFARE WORKERS MISSED SIGNS OF ABUSE

Verdict: $165,972,503

Verdict Details
QUADRIPLEGIA

FAILURE TO WARN, PRODUCTS LIABILITY - FAILURE TO WARN, PRODUCTS LIABILITY - AUTOMOBILES

Verdict: $40,190,417.20

Verdict Details
HEAD INJURIES AND FRACTURES

CAR WAS PROPELLED OUT OF COLLISION, STRUCK BYSTANDERS

Verdict: $9,000,000

Verdict Details
ABOVE-THE-KNEE AMPUTATION

XI/1-1 PRODUCT LIABILITY WOODCHIPPER ABOVE-THE-KNEE AMPUTATION REMITTITUR REFUSED

Verdict: $6,849,654.50

Verdict Details
RIGHT KNEE SPRAIN, HERNIATED DISCS

IRONWORKER FELL INTO HOLE, CLAIMED INJURIES OF SPINE, KNEE

Verdict: $5,900,000

Verdict Details
BACK AND KNEE INJURIES

IRONWORKER FALLS INTO HOLE AT CONSTRUCTION SITE AND INJURES BACK AND KNEE.

Verdict: $5,900,000

Verdict Details
RIGHT KNEE SPRAIN, HERNIATED DISCS

IRONWORKER FELL INTO HOLE, CLAIMED INJURIES OF SPINE, KNEE.

Verdict: $5,900,000

Verdict Details
Hip Fracture, Leg Fracture, Back Tear and Neck Injury

LABORER FALLS OFF A WHEELED SCAFFOLD AND INJURES BACK, KNEE AND HIP.

Verdict: $5,600,000

Verdict Details
HIP FRACTURE, BACK FUSION, NERVE IMPINGEMENT

WORKER FELL FROM SCAFFOLD, CLAIMED INJURIES OF HIP, SPINE, KNEE.

Verdict: $5,600,000

Verdict Details
NECK INJURY AND FUSION

MOTORIST NOT MINDFUL OF WET ROAD CONDITIONS, INJURED PASSENGER.

Verdict: $5,500,000

Verdict Details
PELVIS AND LUMBAR FRACTURES, BROKEN RIBS

WORKER FALLS FROM LACK OF HARNESS INTO UNGUARDED HOLE.

Verdict: $5,350,000

Verdict Details
WORKER BROKE LEG IN FALL FROM 'INAPPROPRIATE' LADDER

LABOR LAW, SLIPS, TRIPS & FALLS - FALL FROM HEIGHT, CIVIL PRACTICE - SUMMARY JUDGMENT.

Verdict: $5,003,801.54

Verdict Details
HEAD INJURY

SECURITY GUARD STRUCK BY FALLING WALL.

Verdict: $5,000,000

Verdict Details
HERNIATED DISCS

REAR-ENDED COLLISION RESULTED IN INJURIES.

Verdict: $4,775,000

Verdict Details

Latest Blogs

What Credentials Does a Vocational Expert Need to Testify in Court?

November 29, 2021
vocational expert
Lawyers hire vocational experts in a variety of legal proceedings. They are commonly used in personal injury cases to prove lost earning capacity, particularly when serious or catastrophic injuries have a caused a permanent disability.
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Using Vocational Experts to Prove ADA Violations

November 22, 2021
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The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination. A main component of every ADA claim is proof that the plaintiff is disabled. Many ADA claims are based on a failure to
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How Lawyers Use Vocational Experts, Life Care Planners, and Economists to Prove Future Damages?

November 15, 2021
how lawyers use vocational experts
When an injury causes an impairment that compromises the victim’s ability to earn a living, lawyers seek damages for loss of earning capacity. Lawyers retain vocational experts provide opinions about the victim’s ability to return
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