What is a “loss of earning capacity” claim?
Loss of earning capacity is a type of claim that is sometimes used in brain injury law in Washington. It is a type of legal claim that can be used to help the plaintiff (the injured person) get compensation for the effects of their injury on their future earnings and earning potential. This type of claim may be used when a person has suffered a brain injury that has impacted their ability to earn income. For example, if someone was injured in an accident and suffered a traumatic brain injury, they may be able to make a loss of earning capacity claim in Washington. This type of claim is based on the idea that the injured person has suffered a permanent or long-term loss of their capacity to earn income due to their injuries, and can include compensation for both past and future losses of earnings. In order to successfully pursue a loss of earning capacity claim, the plaintiff must be able to prove that they have suffered a long-term or permanent reduction in their ability to earn income due to their brain injury. At a minimum, the plaintiff must show that their career opportunities have been diminished due to the injury. They may also need to provide evidence of their educational or professional qualifications and certify that their ability to pursue those qualifications has been compromised. This type of claim can be very complicated and difficult to prove, so it is important for someone who is considering making a loss of earning capacity claim to consult with a legal professional.
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