A person’s diminished earning power resulting from an injury. • This impairment is recoverable as an element of damages in a tort action. Cf. lost earnings under EARNINGS. [Cases: Damages 38.C.J.S. Damages § 56.]
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lost earning capacity. A person’s diminished earning power resulting from an injury. • This impairment is recoverable as an element of damages in a tort action. Cf. lost earnings under EARNINGS. [Cases: Damages 38. C.J.S. Damages § 56.] “To some extent the phrases ‘loss of earnings’ and ‘loss of earning capacity’ are used interchangeably. But
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Wages, salary, or other income that a person could have earned if he or she had not lost a job, suffered a disabling injury, or died. • Lost earnings are typically awarded as damages in personal-injury and wrongful-termination cases. There can be past lost earnings and future lost earnings. Both are subsets of this category,
earning capacity. A person’s ability or power to earn money, given the person’s talent, skills, training, and experience. • Earning capacity is one element considered when measuring the damages recoverable in a personal-injury lawsuit. And in family law, earning capacity is considered when awarding child support and spousal maintenance (or alimony) and in dividing property