In determining an award for loss of earnings and earning capacity, what the victim earned before and after the injury does not constitute the measure. While the victim’s earning capacity at the time of the injury is relevant, it is not necessarily determinative of his future ability to earn. Damages should be estimated on the injured person’s ability to earn, rather than what he actually earned before the injury. Earning capacity in itself is not necessarily determined by actual loss; damages may be assessed for the deprivation of what the injured person could have earned despite the fact that he may never have seen fit to take advantage of that capacity. The theory is that the injury done to him has deprived him of a capacity he would have been entitled to enjoy even though he never profited from it previously. See Hobgood v. Aucoin, 574 So.2d 344, 346 (La.1990).
If you or a loved one has been seriously injured in a Louisiana accident, contact the Baton Rouge, Louisiana accident attorneys at Dué Guidry Piedrahita Andrews Courrege L.C.. Email Louisiana injury attorneys or call (225) 929-7481 to schedule a free consultation.
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