Loss of Earning Capacity in the “Better than Before” Client


            Proving loss of earning capacity can be troublesome, particularly when the client has a partial permanent injury, but makes more money after the accident than before, and is able to function at work, home, and play without any apparent disability.  These include injuries such as partial loss of peripheral vision, loss of one kidney, scars, loss of spleen, etc.

While these injuries are permanent, the injured client can continue to function at full capacity in his/her vocation.  Damages for loss of earning capacity are much more difficult to prove in these types of cases because Continue reading