In many personal injury actions, the income loss claim is the largest damage component. The income loss claim has two components, namely: (1) loss of past earnings and (2) impairment of future earning capacity. An understanding of both aspects is needed in order to pursue or defend such claims.
A claim for loss of earnings is straightforward. A plaintiff in a personal injury action may seek recovery of lost earnings caused by the tortfeasor. Standard proofs are required. Lost earnings should be reasonably easy to document. Problems may arise in the case of a self-employed person. In such circumstances, testimony from an accountant may be needed to fully explain the scope and extent of the loss.
