Section 14 Preexisting Conditions
| Library | Damages 2012 |
If the plaintiff was working up until the time of the injuries but had a preexisting condition that might in the future impair earning capacity, it is for the jury to decide what effect, if any, the preexisting condition has on plaintiff’s earning capacity. See Belisle v. Wilson, 313 S.W.2d 11, 17 (Mo. 1958), in which the plaintiff was regularly employed before her admission to the hospital for cancer treatment. While hospitalized, she fell and...
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- Section 1 Introduction
- Section 2 Assertion That Evidence Offered to Prove Lost Earnings Is Speculative
- Section 3 Admissible
- Section 4 Inadmissible
- Section 5 Admissible
- Section 6 Inadmissible
- Section 7 Admissible
- Section 8 Inadmissible
- Section 9 Lost Earnings of Farmers
- Section 10 Circumstances Under Which Lost Earnings and Lost Profits Cannot Be Claimed
- Section 11 Taxes
- Section 12 Ability to Perform Other Work After the Injury
- Section 13 Death
- Section 14 Preexisting Conditions
- Section 15 Proving Lost Earnings of a Minor
- Section 16 Present Value Explained
- Section 17 General Rules
- Section 18 A Practical Application
- Section 19 Tools for Proving Lost Earning Capacity
- Section 20 Income Tax Returns and W-2 Forms
- Section 21 Payroll Records
- Section 22 Testimony of Employer
- Section 23 Awards and Honors
- Section 24 Testimony of Coworkers
- Section 25 School Records and Diplomas
- Section 26 Treating Physician
- Section 27 Psychologists and Employment Counselors
- Section 28 Demonstrative Evidence
- Section 29 Plaintiff’s Testimony
- Section 30 Statistics
- Section 31 Economist
- Section 32 Summaries of Records and Charts
- Section 33 Lost Household Contributions
- Section 34 Establishing the Number of Lost Hours
- Section 35 Value of Lost Household Chores
- Section 36 Demonstrative Evidence
- Section 37 Charts
- Section 38 Videotape Demonstrations
- Section 39 Photographs and Trophies
- Section 40 Neighbors and Friends
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