Bicycling and the Law
Richard L. Duquette
EP45 Lost Earning Capacity Part 1 General Principles
On today’s episode, Richard Duquette and Justin Nelson discuss Lost Earning Capacity Part 1 General Principles. In a bicycle case, the injured is entitled to more than just medical bills. There are a variety of compensable damages. Tune in to learn about the principles behind the issue to understand how to proceed with a case!
The first episode aims to present the general principles behind the loss of earning capacity. Richard recently handled a case for a marine bicyclist. The injured was offered $50k to resolve. But, the surgery on his shoulder affected his capacity to earn.
The second episode will discuss the effects of the loss to military plaintiffs. In the recent case, the arbitrator awarded the injured with more than $350k after the claim was submitted. It’s good to understand that loss of earnings is different from loss of earning capacity.
Damages can be classified as either special or general. Special damages are quantifiable pecuniary losses that may involve economical damages and the actual loss of wages.
Meanwhile, general damages are less quantifiable. They are uneconomical, which include pain and suffering, diminished quality of life, and emotional distress. Examples are loss of love, support, and companionship.
Loss of earning capacity falls under general damages. It requires certainty to make a valid claim. You can refer to Connolly v. Pre-Mixed Concrete 49 Cal 2nd 47 1957, Heiner v. Kmart Corp. 84 cal 4th 335 2000, and California Civil Code 3283.
It doesn’t leave room for speculation. For this, the attorney needs to present a sure loss in the future.
To hear about Lost Earning Capacity Part 1 General Principles, download and listen to the entire episode.
If you are short on time, here are the highlights of Lost Earning Capacity Part 1 General Principles:
A brief overview? (1:24)
Two damage categories? (4:27)
Wages vs earning capacity? (5:45)
How to present loss? (7:59)
Need for certainty? (9:53)
Areas of uncertainty? (10:48)
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