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. For additional
information, please visit
http://marylandinjuryattorney.blogspot.com/
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.
