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Winkler Kurtz LLP

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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
  • Contact Us

The Primary Differences Between Lost Income & Earning Potential

loss of incomeWhen you suffer an injury following an accident due to the negligence of someone else, there are several ways you may suffer afterward. Not only can an injury affect your health, but it can also affect your ability to perform your job, either temporarily or permanently. You may need to take time off of work to heal. At Winkler Kurtz, LLP, we help our clients with their personal injury cases so they can reach the compensation they deserve and move forward on their path to healing. To learn more about the differences between loss of income and lost earning potential, continue reading below. 

What is Lost Income?

When an injury has forced you to take time off work either temporarily or permanently, you can claim a loss of income. This amount can be calculated using your salary or wages and multiplying it by the amount of time you will be out of work. This amount can include actual lost wages and future lost wages, as well as any benefits of which you are entitled. To be reimbursed for your lost income, you will need to show the following:

  • The time you spent out of work because of your accident, injury, and recovery. 
  • The amount of money you would have made during this time. 

If you are unsure how to gather the evidence to support your claim, our team at Winkler Kurtz will always be available to help. 

Loss of Earning Potential

Another element of a loss of income claim is the loss of earning potential. In this case, a victim can seek reimbursement for the amount of money they would have made in the future if they were not injured. A critical difference between lost income capacity and lost income is that it is prospective rather than retrospective. The damages a victim may be rewarded for lost earning potential are based on:

  • How long a victim will be unable to work. 
  • Their age and health before the injury. 
  • If they will eventually be able to return to work. 
  • Their life expectancy before the injury. 
  • How their performance will be limited. 
  • Their career goals and work ethic. 

While it is relatively easy to prove lost earnings, it is more challenging to demonstrate a loss of earning potential. Healthcare professionals may need to provide testimony to illustrate the extent of a victim’s injuries and how their ability to work will be affected in the future. Our team will work with you to examine all areas of your situation and help you build a case that enables you to achieve the compensation you deserve. 

Contact Our Office in Port Jefferson, NY

Suffering an injury can be costly. If you are out of work due to an injury and are looking to recover damages, our team at Winkler Kurtz, LLP. is here to help. Our experienced personal injury attorneys will evaluate your case and help you take the necessary steps to yield your desired results. Contact our office today to schedule a consultation.

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  • Personal Injury Lawyer On Long Island
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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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CONTACT US

Winkler Kurtz, LLP
1201 Route 112, Suite 200
Port Jefferson Station, NY
11776

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(631) 928-8000


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(631) 928-8578

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