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).

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词条贡献者

译员Daniel，毕业于法国顶尖的高级翻译学院，专注翻译各种与数据隐私、安全及网络犯罪有关的法律文件。