What is a “loss of earning capacity” claim?

A “loss of earning capacity” claim is a type of legal action filed in Kansas when a person suffers a brain injury. This claim seeks to provide compensation for the person’s lost future wages or income. In the state of Kansas, a person seeking to make a “loss of earning capacity” claim must prove that the brain injury sustained caused a decrease or complete loss in the individual’s ability to earn wages or income. In order to be successful, the claimant must also prove that the brain injury is a long-term or permanent condition. This type of claim is most commonly used when the brain injury was caused by an accident or negligence on the part of another person or entity. It is also relevant if the brain injury was caused by a defective product, such as a pharmaceutical drug. If a successful “loss of earning capacity” claim is made in Kansas, the court may award monetary damages to compensate the claimant for their reduced ability to earn wages or income. The award may also cover the costs of medical care and other related expenses. Overall, a “loss of earning capacity” claim is a legal action brought forward in Kansas to provide compensation for the loss of future wages or income due to a sustained brain injury. It is designed to help the injured person receive the compensation they deserve.

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