DAMAGES PROOF - Wage Issues

Evidence of Actual Damages

• Lost Wages - the Plaintiff is entitled to recover for past, present and future lost wages and lost or diminished earning capacity.

   The plaintiff is competent to simply testify that he missed time from work as a result of the injury sustained in the accident. This testimony should properly be corroborated by medical disability slips, also you would get into evidence recent pay stubs and last years tax returns to prove employment and income.

  A plaintiff's damages for lost earnings "are not to be reduced because of the payment of his wages by his employer during the period of disability due to the accident, Plank v. Summers,[473 A.2d 956]  203 Md. 552 [102 A.2d 262] see also Leizear v. Butler, 226 Md. 171, 175, 172 A.2d 518 (1961)

  Future Income Loss (refers to loss income based upon actual loss of wages in the future) proof is testimony of: (1) permanency; (2) future probability of pain causing disability: and (3) the reasonable probability of the future loss; in wrongful death cases this must be reduced to present value in personal injury cases with a living plaintiff this does not reduce to present value.

  Loss of Earning Capacity (refers to loss income based on actual loss and/or salary reduction):  proof is testimony of: MEDICAL PROVIDER that there is (1) permanency; (2) future probability of pain causing disability: and (3) the reasonable probability of the future loss (4) familiar with physical requirement of plaintiff's former job; an ACTUARY or ECONOMIST may testify as to work life expectancy, reduced to present value in death cases and tax consequences outlined; You may also consider the use of a Vocation Rehabilitation expert.

  Diminished Earning Capacity (refers to the loss of future earnings based upon a shortened life expectancy and/or salary reduction): proof is testimony of: MEDICAL PROVIDER (1) permanency; (2) future probability of pain causing disability: (3) the reasonable probability of the future loss (4) familiar with physical requirement of plaintiff former job; or in the case of death – (5) doctor testimony of the probability of plaintiff's life expectancy; ACTUARY or ECONOMIST may testify as to work life expectancy in the event of death this recovery must be reduced to present value and tax consequences considered.

For additional information please contact our firm.

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