Employment- So You Think You Know The Law

October 2014

2. In a personal injury lawsuit to recover future lost earnings, a plaintiff must prove the amount of earnings he or she will be reasonably certain to lose in the future as a result of the injury. True. To entitle a Plaintiff to recover present damages for apprehended future consequences, there must be evidence to show such a degree of probability of their occurring to a reasonable certainty that they will result from the original injury. Bellman v. San Francisco High School Dist. (1938) 11 Cal.2d 576, 588. Also, California Jury Instruction, CACI 3903C mandates that “To recover damages for future lost earnings, Plaintiff must prove the amount of income/earnings/salary/wages he/she will be reasonably certain to lose in the future as a result of the injury.” 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.