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Understanding Loss of Wages and Loss of Earning Capacity

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Understanding Loss of Wages and Loss of Earning Capacity

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Questions and Answers

What is the difference between past lost earnings and future lost earnings?

Past lost earnings refer to income lost from the date of injury to the present, while future lost earnings refer to income expected to be lost in the future due to ongoing disability. (correct)

Past lost earnings include projected career growth, while future lost earnings do not.

Past lost earnings require expert testimony, while future lost earnings do not.

Past lost earnings refer to the inability to perform previous job duties, while future lost earnings refer to the total earnings lost over a lifetime.

What does “loss of wages” refer to?

Compensation for the inability to earn income in the future

Income lost due to inability to work after an injury (correct)

Compensation for pain and suffering

Legal fees incurred during a personal injury case

Which of the following is NOT relevant when calculating future lost earnings?

Historical earning data

Projected career growth

Pain and suffering compensation (correct)

Expert testimony

Which of the following is a key consideration when calculating past lost earnings?

<p>Pay stubs</p> Signup and view all the answers

According to California Civil Jury Instructions (CACI), what must a plaintiff prove to recover damages for future lost earnings?

<p>That they will be reasonably certain to lose income in the future due to the injury</p> Signup and view all the answers

Study Notes

Differences Between Past and Future Lost Earnings

Past Lost Earnings: Refers to income that the plaintiff did not earn in the past due to an injury or other circumstances.
Future Lost Earnings: Represents projected income that the plaintiff will likely miss out on in the future because of the injury or event.

Loss of Wages

“Loss of wages” is defined as the income a person fails to earn due to an incapacity to work, often resulting from an injury or other events affecting their ability to perform their job.

Factors NOT Relevant for Calculating Future Lost Earnings

Certain variables such as unrelated future job opportunities or speculative market trends should not affect the calculation of future lost earnings.

Key Consideration for Past Lost Earnings

The primary elements include the plaintiff's earnings prior to the incident and the duration of time they were unable to work as a result of the injury.

Proof Requirements for Future Lost Earnings in California

According to California Civil Jury Instructions (CACI), a plaintiff must demonstrate that the injury directly impacts their ability to earn income in the future and provide evidence supporting the expected loss.

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Description

This quiz explores the critical distinctions between past lost earnings and future lost earnings. Understand how each type impacts financial claims and legal cases, providing clarity on their significance in economic assessments.