Can You Sue For Loss Of Opportunity And Prospects?

It's fairly common to sue for lost wages and income after being involved in a motorcycle accident. After all, that's money you would have earned had you not been too hurt to work. But is it possible to recover compensation for opportunities and prospects lost because of the accident? Yes, but convincing a judge or jury to do so may be challenging. Here's what you need to consider if you want to pursue a claim for lost opportunities.

You Must Prove the Opportunity Was There

One of the major challenges of pursuing a claim for lost opportunities is proving the opportunity existed in the first place. Unlike a job or a business, opportunities are often intangible things that require the court to speculate about the outcome of a particular situation.

For instance, you injure your hand in the accident and are unable to play in a baseball game where talent scouts were in attendance. If you sue for the lost opportunity to be signed on with a major baseball team, the court would have to speculate whether or not you would have been offered a contract if you hadn't been hurt.

Generally, the more speculation the court has to do about whether or not you would have enjoyed the benefit of the lost opportunity, the less likely you are to win your case. Therefore, you'll need to present as much evidence as possible that the prospect was actually on the table.

For example, your boss tells you that you're up for a promotion. However, the accident causes you to be out of work for several months and the promotion is given to someone else because the position needed to be filled within a certain period of time. It's possible you could successfully win compensation for the lost opportunity because it is fairly certain you would have gotten it had it not been for the accident.

You Must Prove Causation

Another area that may be challenging to prove is how much the accident contributed to the loss of the opportunity. This can have a direct impact on the amount of damages you receive. If the accident was only one factor among ten reasons why you lost the opportunity, for example, then it may be difficult to establish liability.

Even if the court takes your side, the court may only award you the percentage of liability the defendant is responsible for. If the defendant is only 10 percent liable for the loss, then you may only be given 10 percent of the damage amount you're requesting.

On the other hand, if you can directly connect the accident to your loss, then you may be able to recover the value of the lost opportunity. Going back to the promotion example, if your boss states that your absence from work was the reason you were passed over for the position, then you may have a strong case for recovering the money you would have gotten if you had been promoted.

There are other factors that will affect your ability to get compensation for lost opportunities, such as proving your actual damages. It's best to consult with an accident attorney for assistance with putting together a case that helps you achieve the outcome you want.