lost earning capacity

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 the preferred view is that they are different concepts. The former covers real loss which can be proved at the trial; the latter covers loss of the chances of getting equivalent work in the future.” R.F.V. Heuston, Salmond on the Law of Torts 572 (17th ed. 1977).


专业法律词汇 词条贡献者
法律翻译Carl,知名法学院法律英语专业,专注翻译各类与复杂商业纠纷有关的法律文件。