Economic loss claims may include an injured child's reduced future earning capacity and, separately, a mother's lost earnings from her own injury. A parent's reduced work to care for a child is not automatically the child's recoverable loss; it may be addressed differently.
Maternal work loss
If a mother is injured during birth, for example through a physical or recognised psychological injury, she may have her own claim. This may include lost wages and reduced future earning capacity if her injury affects her ability to work. Evidence includes employment records, tax returns and medical reports about work capacity.
A child's earning capacity
For an injured child, there is no work history. Experts estimate what the child might have earned without the injury, often using family background, educational trends and average earnings data, then compare this to likely earning capacity with the injury. These estimates are uncertain and courts may apply discounts for contingencies.
Evidence used
Different evidence supports each claim. Using the right material for the right person helps avoid confusion.
- Parent's payslips, tax returns and employer letters
- Medical reports on the parent's work capacity
- Child's developmental, educational and neuropsychological assessments
- Vocational assessments for older children or adults
- Economist reports projecting earnings
Family distinctions
A parent who reduces work to care for an injured child may feel this is lost income caused by negligence. However, this is generally not treated as the child's lost earnings. Depending on the jurisdiction, it may be relevant to valuing family care in the child's claim, rather than a separate wage claim. Rules vary and require local advice.
Keeping these categories clear prevents duplication and ensures each loss is assessed under the correct principles.
How assessment works
Economic loss is generally assessed by comparing two scenarios: with and without the injury. Present values for future loss are calculated using jurisdiction-specific methods. Courts also consider uncertainty, such as possible changes in health or the labour market.
For your next conversation
- Gather a parent's employment and tax records if she has her own injury
- Ask whether parental work reduction is relevant to care valuation
- Obtain educational and developmental assessments for the child
- Ask whether a vocational or economic expert is needed
- Record any changes to parent work hours with dates and reasons
Common questions
I left my job to care for my injured child. Can I claim my lost wages?
Not usually as a wage claim in the child's case. Your care may instead be relevant to the value of family care in your child's claim, depending on jurisdiction rules. If you were injured yourself, you may have your own claim. Ask for advice on how each is treated.
How can anyone predict what a baby would have earned?
Experts use available information such as family education and employment patterns and general earnings data. They then estimate earning capacity with the injury. These projections are uncertain and are adjusted for contingencies, so the assessment is a reasoned estimate rather than a precise prediction.