3903D. Lost Earning Capacity (Economic Damage)

3903D. Lost Earning Capacity (Economic Damage) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Insert number, e.g., "4."] The loss of [name of plaintiff]'s ability to earn money. To recover damages for the loss of the ability to earn money as a result of the injury, [name of plaintiff] must prove: 1. That it is reasonably certain that the injury that [name of plaintiff] sustained will cause [him/her] to earn less money in the future than [he/she] otherwise could have earned; and The reasonable value of that loss to [him/her]. It is not necessary that [he/she] have a work history. 2. In determining the reasonable value of the loss, compare what it is reasonably probable that [name of plaintiff] could have earned without the injury to what [he/she] can still earn with the injury. [Consider the career choices that [name of plaintiff] would have had a reasonable probability of achieving.] It is not necessary that [he/she] have a work history. ________________________________________________________________________________ New September 2003; Revised April 2004, April 2008, May 2017