# What if I cannot do the same job anymore?

Canonical: https://californiapersonalinjurylaws.com/guides/future-earning-ability/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

A claim may cover harm to your ability to earn money later. This is different from pay you already lost.

## Hypothetical example

A person hurts their hand. They can no longer do the skilled work they did before.

## 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.

## 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.

## A useful next step

Save any work limits your doctor gives you. Write down which job tasks you can no longer do.

## Court decisions behind this answer

### Licudine v. Cedars-Sinai Medical Center (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.

Limit: The amount cannot rest on a guess. The likely work and pay need a sound basis in the proof.

Source: https://law.justia.com/cases/california/court-of-appeal/2016/b268130.html

## Sources

- [Civil Code § 3333 — Compensation for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.)
- [CACI No. 3903D — Lost earning capacity (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf)
- [Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881](https://law.justia.com/cases/california/court-of-appeal/2016/b268130.html)

General information, not legal advice.
