What if I cannot do the same job anymore?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalA claim may cover harm to your ability to earn money later. This is different from pay you already lost.
In this guide
Here’s an example
A person hurts their hand. They can no longer do the skilled work they did before.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
A lasting loss of earning capacity looks ahead. It asks how the injury affects the work you can do and income you can earn. Past wages may help, but they are not the only facts.
Legal references: [1] Civil Code § 3333 — Compensation for harm · [2] CACI No. 3903D — Lost earning capacity (2026 edition)
What can change the answer?
The proof must show how the injury limits your work. Your skills, recovery, and other jobs you could do may matter. A job change alone does not set the amount.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Licudine v. Cedars-Sinai Medical Center
California Court of Appeal · 2016
3 Cal.App.5th 881, slip op., pp. 1–2
Lost future earnings need proof of what the person likely could have earned. A hoped-for job is not enough by itself.
The amount cannot rest on a guess. The likely work and pay need a sound basis in the proof.
Case applicability reviewed as recorded above.
A useful next step
Save any work limits your doctor gives you. Write down which job tasks you can no longer do.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Civil Code § 3333 — Compensation for harm ↗Statute · Review recorded above
- CACI No. 3903D — Lost earning capacity (2026 edition) ↗Jury instructions · Review recorded above
- Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.