If your injury prevents you from returning to work in your career field, you may be entitled to seek additional compensation through a diminished
earnings capacity claim.
Not exact matches
These include: • Medical expenses • Lost
earnings • Loss of earning
capacity • Pain and suffering • Emotional trauma • Loss of consortium (
claim by a spouse)
The court awarded $ 321,000 in general damages, $ 100,000 in special damages and home adaptation, $ 100,000 for the «in trust»
claim, and $ 1,065,000 for loss of future earning
capacity / loss of future
earnings.
In a personal injury action this may require plaintiffs to obtain medical records and medical reports, to gather evidence to support
claims for loss of
earnings and earning
capacity, and to assess the evidence in support of the
claims being advanced before commencing the action.
The trial judge erred in assessing the
claim for loss of earning
capacity on the basis that the appellant's
earnings had not actually diminished after the accident.
From this incident, the injured worker brought a
claim against the owner of the offending tugboat as well as the company overseeing the dock building seeking various damages, including loss of
earnings and earning
capacity, pain, suffering, mental anguish and emotional trauma.