Employment-So You Think You Know The Law

October 2014

1. In a personal injury lawsuit, a plaintiff must provide their work history to be able to recover damages for lost earning capacity. False. California Civil Jury Instruction, 3903D provides that to recover damages for the loss of the ability to earn money, a plaintiff must prove the amount of money that he would have been reasonably certain to earn if the injury had not occurred. It is not necessary that the plaintiff have a work history. See also Heiner v. Kmart Corp. (2000) 84 Cal.App.4th 335, 348, fn. 6 (damages may be awarded for lost earning capacity without any proof of actual loss of earnings). Return to newsletter.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.