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To determine if the disabled person can be retrained is age a factor?

Dallas, TX |

My brother was in auto wreck and became disabled from his very physical career.The at fault party Insurance is trying to say he can do something less physical.

The problem I see with that argument is that he is 51 and a wee bit old to start over and go back to school or learn a new trade just because someone else was careless.

I could see if he was 25 but an older person seems unfair.

Yes, he has a lawyer, I just want to know for my own knowledge.

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Attorney answers 2

Best Answer

One of the ways that my office addresses these types of issues is to have a functional capacity test performed on my client. A thorough review includes testing of educational background as well as loss of physical function. This comprehensive report is then used by my vocational expert to determine what, if any, jobs might be available to fit the current functioning ability of my client and/or to determine what retraining would be appropriate. The vocational report will then estimate for me the cost of this retraining. Any loss of earning capacity is also calculated and, if necessary, an economist will provide me with an evaluation of the present money value of this lost earnings capacity, so that this claim can be included in the overall claim against the adverse party. Hopefully your brother's attorney is taking this or a similar route in determining your brother's overall losses.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.


It depends if he was disabled before the accident or because of the accident. If he is disabled because of the accident then it is absolutely part of the damages that he lost his career. You can sue in Texas for loss of earning capacity which goes directly to the type of damages that you refer. Your attorney may need to hire a vocational expert depending on the amount of insurance coverage the defendant has to adequately prove up these type of damages. In Texas unless it is a commercial vehicle you only have to carry $25,000.00 in bodily injury coverage. If his damages are more than that then look to your Underinsured insurance policy or a secondary policy somewhere or a third party. I would consult with your attorney about your questions.

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