What is a “loss of earning capacity” claim?

Loss of earning capacity is a claim in North Carolina law that relates to brain injuries. This claim allows an individual who has suffered a brain injury to recover damages for any future loss of earning capacity. In other words, a person can seek compensation in court for any potential income they may lose in the future due to their injury. To support a loss of earning capacity claim, a person must show that their brain injury has caused a significant and permanent decrease in earning capacity. A variety of factors, such as educational background, experience, skills, and physical limitations, are considered when determining a loss of earning capacity claim. Additionally, a person must prove that the decrease in earning capacity is due to the brain injury. Evidence such as medical records, expert testimony, and records of past earnings can be used to show the connection between the injury and the decrease in earnings. A court may award a “loss of earning capacity” claim to help cover the costs of medical bills, lost wages, and pain and suffering. It is important for someone who has sustained a brain injury and believes they might have a loss of earning capacity claim to seek legal advice from an experienced North Carolina brain injury lawyer. The lawyer can help the individual figure out if they have a valid claim and guide them through the process.

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What is a “loss of earning capacity” claim?

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