How Vocational Experts Help Prove Lost Earning Potential After a TBI
After a traumatic brain injury (TBI), some losses are easy to see: hospital bills, therapy invoices, mobility equipment. But one of the biggest costs often hides behind a paycheck that no longer comes.
Lost income.
Future wages. Missed promotions. Abandoned careers.
Insurance companies are quick to argue that an injured person can still work—or “do something.” But when a brain injury damages cognition, memory, communication, or executive function, returning to any job may be impossible.
This is where vocational experts change everything.
What Is a Vocational Expert?
A vocational expert (VE) is a trained specialist who assesses an individual’s employability. In a TBI claim, they are tasked with answering one core question:
Given the injury, what work can this person realistically do—and how much income have they lost because of it?
To answer that, the vocational expert considers:
- Pre-injury education, job history, and earnings
- Post-injury cognitive and physical capacity
- Labor market conditions
- Transferable skills (if any)
- Accommodations required (and whether employers can reasonably provide them)
They then deliver expert opinions on two key numbers:
- Residual Earning Capacity – how much the injured person can now earn
- Loss of Earning Capacity – the difference from what they could’ve earned before the injury
Why It Matters in Colorado TBI Cases
In Colorado, as in most states, personal injury victims are entitled to compensation for economic losses—not just for the past but for the entire expected working lifetime.
If a 35-year-old construction supervisor suffers a moderate TBI and can no longer work in high-pressure environments, the economic loss may be millions of dollars, even if they can still hold a low-wage desk job.
Vocational experts help put real numbers and timelines behind those losses.
How a VE Builds the Case
Vocational experts don’t guess—they investigate and document. Their reports are typically built from:
- Medical and neuropsychological evaluations
- Job descriptions and functional job analyses
- Labor market data and wage surveys (regional and national)
- Interviews with the injured person and family
- Employment records, performance reviews, and resumes
- Observational assessments of behavior and communication
They use this data to construct detailed, credible reports—often supported by occupational databases like O*NET or the Dictionary of Occupational Titles (DOT).
The goal is to show that no realistic employment pathway exists—or that any work is significantly lower-paid and less stable.
When and Why Insurance Companies Push Back
Insurance adjusters often claim the injured person:
- “Can do something”
- “Is exaggerating their symptoms”
- “Should retrain for a new career”
- “Hasn’t tried hard enough to return to work”
These are strategies to limit payouts.
But when a VE outlines exactly why no suitable jobs exist—or why earning potential is permanently capped—it creates a powerful rebuttal.
And in court, vocational experts can provide sworn testimony that cuts through vague denials with clear, data-driven answers.
Combining VE Testimony With Economic Experts
Vocational experts often work in tandem with forensic economists. Once the VE determines earning capacity loss, the economist:
- Projects total lost wages over the injured person’s lifetime
- Factors in inflation, interest, and job market conditions
- Calculates present value of future losses (the amount owed today to cover future income loss)
Together, these experts create an undeniable financial picture.
Real Example Scenarios
Here’s how vocational expert analysis works in real-life cases:
- A high-performing software developer post-TBI struggles with concentration and memory. The VE shows that while they may write basic code, they can no longer manage teams or handle deadlines—cutting their earning power by 60%.
- A nurse with speech and balance issues can’t meet job safety requirements. The VE confirms no nursing role will accept her condition and she lacks skills for any equivalent-wage job.
- A small business owner is cognitively impaired and can no longer manage finances or customer relationships. The VE proves that the business will close and no comparable role exists.
Each of these cases may look different—but the result is the same: clear proof of real loss.
Why Your Attorney Needs the Right VE
At Flanagan Law, we partner only with court-tested, highly credentialed vocational experts. Our experts:
- Understand TBI impacts on real-world work
- Use accepted methodology and credible data
- Write thorough reports that hold up in court
- Know how to explain technical findings to juries
- Coordinate with neuropsychologists, life care planners, and economists
Without this level of expertise, a claim can fall flat—or settle for far less than it should.
Your Future Deserves More Than Assumptions
No one should lose decades of income because an insurance company shrugs and says “they can still work.”
If your life was changed by a traumatic brain injury, your earning potential deserves full consideration.
And that starts with bringing the right vocational expert to your side.
Related Articles in This Series:
- The Lifelong Costs of a Traumatic Brain Injury: A Guide for Colorado Families
- The Critical Role of Life Care Planners in TBI Cases
- How Neuropsychological Experts Can Prove the True Value of a TBI Claim
- In-Home Care, Modifications, and Hidden Expenses After a TBI
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