Loss of earning capacity constitutes a crucial head of damage in personal injury cases. It concerns the income that you can no longer earn because, due to an accident, you are unable to work or can only work partially.
What is meant by loss of earning capacity?
- Loss of income during the recovery phase
- Future loss of income due to permanent limitations
- Missed career opportunities and promotions
- Loss of pension accrual
- Loss of additional income from side activities
How is the damage calculated?
The calculation of loss of earning capacity compares two situations:
| Situation | What is determined |
|---|---|
| Without the accident | What you would normally have earned |
| With the accident | What you can currently still earn |
| Difference | This constitutes the damage |
Important factors in the calculation
- Income before the accident
- Career development and promotion opportunities
- Current earning capacity
- Age and retirement age
- Position in the labour market
Conversion to a lump sum
Future damage is converted into a one-time payment (capitalisation):
- A calculation expert performs the calculation
- Interest and inflation are taken into account
- Positive and negative risks are weighed
Special situation for young victims
For young victims, the damage is often significant:
- Longer period of loss of income
- Uncertainty about future earnings
- A realistic estimate is made
What if I did not have a fixed salary?
Even with variable income (such as self-employed persons or flex workers), the damage can be established. Often, the average income from the years before the accident is used as the basis.Does a WIA benefit count as income?
Yes, received benefits reduce the damage. However, damage often remains because benefits are generally lower than the original salary.Can I claim damage for missed career opportunities?
Yes, if due to injury you have missed promotions or a better-paid position, you can claim this. However, this must be convincingly demonstrated.Frequently asked questions about loss of earning capacity in Rijswijk
What does loss of earning capacity entail?
It is an important head of damage in injury cases and concerns the income that you lose because you cannot or can work less.
What are the legal conditions?
The damage is determined by comparing your situation before and after the accident.
What are my rights and obligations?
Future damage is converted into a lump sum via capitalisation.
What if I do not comply with the rules?
For young victims, the damage can be higher due to the longer period of loss of income.
What are common mistakes?
Many people do not understand that certain rules may not be circumvented. Legal advice can prevent misunderstandings.
When should I seek help?
It is advisable to seek legal advice in case of uncertainties about your rights, conflicts, or if you suspect that the settlement is not proceeding correctly. Early advice can save many problems.
In short
Loss of earning capacity is an essential part of personal injury claims in Rijswijk. Both victims and involved parties have rights and obligations. Non-compliance with rules can have legal consequences.
Key points
- Loss of earning capacity is laid down in the Civil Code
- Victims are entitled to compensation
- Breach of rules can lead to legal action
- In case of doubt, legal support is recommended
- Clarity and prevention prevent conflicts
For more information or legal assistance in Rijswijk, you can contact the Juridisch Loket Rijswijk or submit matters to the District Court of The Hague (district).
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