What is a “loss of earning capacity” claim?

A “loss of earning capacity” claim is a type of legal claim that is sometimes made in the context of a brain injury lawsuit. If a person has suffered a brain injury that makes it difficult or impossible for them to continue working and earn a living, they may be able to make a “loss of earning capacity” claim. In Mississippi, a person can make a “loss of earning capacity” claim if they can show that their brain injury has resulted in a decreased capability of making money. For example, if a person was able to earn a certain amount of money before their injury, they may be able to claim a “loss of earning capacity” if they are now unable to earn the same amount of money. In addition to proving that their injury has resulted in decreased earning capacity, a claimant must also be able to prove that the injury was caused by another party, such as an employer or a negligent party. If a claimant can prove all of these elements, they may be able to recover damages to compensate them for their loss of future earnings. In Mississippi, “loss of earning capacity” claims are only available to a person who has suffered a brain injury. This type of claim is not available if an individual has suffered a physical injury or has experienced mental anguish due to a traumatic event.

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What is a “loss of earning capacity” claim?

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