§ 13-4 Damages - Elements of Actual Damages - Loss of Earning Capacity
| Library | South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.) |
§ 13-4 Damages - Elements of Actual Damages - Loss of Earning Capacity
The loss or impairment of earning capacity caused by personal injury is a proper element of compensation.
"Earning capacity" refers to the capability of a person to sell his labor or services in any market reasonably accessible to him, taking into consideration his general physical functional impairments resulting from acts and conduct of the defendant. Earning capacity does not necessarily mean the actual earnings that one who suffers an injury was making at the time the injuries were sustained, but refers to that which, by virtue of the training, experience, and business acumen possessed, an individual is capable of earning.
"Loss of earning capacity" refers to damage to one's ability to earn wages in the future.
In determining the amount of...
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- § 13-1 Damages - Nominal Damages
- § 13-2 Damages - Actual Damages
- § 13-3 Damages - Elements of Actual Damages in Negligence Cases
- § 13-4 Damages - Elements of Actual Damages - Loss of Earning Capacity
- § 13-5 Damages - Elements of Actual Damages - Medical Bills
- § 13-6 Damages - Elements of Actual Damages - Loss of Consortium
- § 13-7 Damages - Elements of Actual Damages - Mental Anguish
- § 13-8 Damages - Elements of Actual Damages - Pain and Suffering
- § 13-9 Damages - Elements of Actual Damages - Loss of Enjoyment of Life
- § 13-10 Damages - Speculative Damages
- § 13-11 Damages - Future Damages
- § 13-12 Damages - Duty to Mitigate Damages
- § 13-13 Damages - Pre-existing Condition
- § 13-14 Damages - Automobile - Negligence Cause of Action
- § 13-15 Damages - Buildings
- § 13-16 Damages - Household Goods and Clothing -negligence Cause of Action
- § 13-17 Damages - Immature Crops
- § 13-18 Damages - Personal Property
- § 13-19 Damages - Real Property
- § 13-20 Damages - Collateral Source Rule
- § 13-21 Damages - Punitive Damages
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