In a personal injury lawsuit, the injury plaintiff may claim the loss of past and future economic damages.
Continue to read and learn more about what economic damages may be recovered in a personal injury claim and lawsuit.
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Damages claimed by a personal injury plaintiff for the harm caused by a defendant fall into two categories called economic damages and non-economic damages.
Items of economic damages include:
- Medical Expenses;
- Lost Earnings;
- A Lost Earnings Capacity;
- A Loss of Ability to Provide Household Services;
- Damage to Real Property;
- Loss or Destruction of Personal Property; and
- Lost Profits.
- Past Medical Expenses: This is the reasonable cost of reasonably necessary medical care that the injury victim received.
- i.e. ambulance and hospital billing, etc. (therapy, surgery costs).
- Future Medical Expenses: This is the reasonable cost of reasonably necessary medical care that the injury victim is reasonably certain to need.
- Requires expert testimony.
- Past Lost Earnings: The plaintiff must prove the amount of income (earnings, salary or wages) that they have lost to date because of an inability to work due to their injuries.
- Future Lost Earnings: The plaintiff must prove the amount of income (earnings, salary or wages) that they will reasonably certainly lose in the future because of an inability to work due to their injuries.
Lost Earnings Capacity
- To recover damages for the loss of the ability to earn income, the plaintiff must prove the reasonable value of their earnings capacity loss due to an inability to work because of their injuries.
Example Scenario 1: Antonio, 40, was training to be an electrician right before he suffered a horrific back injury that required surgery and made him unable to continue working as an electrician. Antonio would have earned on a yearly average $90,000 as an electrician. He will now have to look for anther job that will pay him a lot less. All the income that Antonio will lose throughout his work life expectancy for not being able to earn his electrician’s salary would be claimed as lost earnings capacity [off-set with what he is able to earn].
Loss of the Ability to Provide Household Services
- To recover damages for the loss of the ability to provide household services, the plaintiff must prove the reasonable value of the services they would have been reasonably certain to provide to their household if the injury had not occurred.
- To recover damages for lost profits, a plaintiff must prove it is reasonably certain that they would have earned profits but for the defendant’s wrongful conduct.
Learn More: Personal Injury Damages
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Ordaz Law, APC | Economic Damages
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses. Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.
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Blog: Personal Injury
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