An often under-appreciated category of damages in personal injury cases is the victim’s loss of future earnings. Also referred to as “diminished earning capacity,” this basically covers the amount of money the victim would have earned during the remainder of his or her lifetime but-for the injury caused by the negligent defendant. Obviously, loss of future earnings will vary depending on the victim. In some cases, it may not be possible to calculate these damages without the assistance of expert witnesses. Lee v. Smith Consider this recent case from the Georgia Court of Appeals. The underlying lawsuit involves a car accident. The plaintiff alleged the defendant’s negligence caused the accident. The defendant conceded liability but contested the amount of damages. Continue reading
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