We measure and present evidence of economic damages for loss of earnings capacity (both past and future) when a partially disabled plaintiff has resumed working and earning as much as, (or even more than) he was earning prior to the subject incident.
The presentation of damages in a personal injury case is a three-part process. The process is analogous to building a house. The foundation for the damages is laid by the physician who will discuss the case with regard to impairment and functional capacity. The framework is constructed by the vocational expert who discusses the effect of the impairment on the client’s ability to work and earn money.