If you have been injured on someone’s property due to their negligence, you may be entitled to compensation. In some cases, this may include lost earning capacity. In Minnesota, premises liability claims can be complex, and determining damages can be difficult. This article will explore the topic of lost earning capacity in premises liability claims in Minnesota.
Table of Contents
What is Premises Liability?
Premises liability is a legal term that refers to a property owner’s responsibility to keep their property safe for visitors or tenants. Property owners have a legal duty to make sure their property is safe and free from hazards that could cause injury to others.
If a property owner fails to maintain their property and someone is injured as a result, that person may be able to file a premises liability claim. Examples of hazards that could lead to a premises liability claim include:
- Slippery floors
- Broken steps or handrails
- Inadequate lighting
- Uneven walkways or floors
- Unsecured rugs or carpets
- Inadequate security measures
Lost Earning Capacity
If you are injured in a premises liability accident and your injuries prevent you from working, you may be able to recover lost earning capacity. Lost earning capacity is the difference between the amount of money you would have been able to earn before the accident and the amount you are able to earn after the accident due to your injuries.
For example, if you were working as a construction worker before the accident and your injuries prevent you from lifting heavy objects, you may no longer be able to work in that field. As a result, your earning capacity would be reduced. A successful claim for lost earning capacity would seek to compensate you for the difference in earnings.
Recovering Damages in Minnesota
In Minnesota, if you are injured due to someone else’s negligence, you can pursue a claim for damages. Damages are financial compensation for the harm you suffered as a result of the accident. Lost earning capacity is just one of the types of damages that can be recovered in a personal injury case.
In a premises liability case, you can seek damages for lost income, medical expenses, and pain and suffering, among other things. To recover damages, you will need to show that the property owner was negligent and that their negligence caused your injuries.
How Is Lost Earning Capacity Calculated?
Calculating lost earning capacity can be a complex process. It typically requires the testimony of an expert witness, such as an economist or vocational expert, to establish what your earning capacity would have been if the accident had not occurred and what it is now that you are unable to work due to your injuries.
Factors that can be considered when calculating lost earning capacity may include:
- Your age
- Your occupation
- Your education level
- Your work experience
- Your past earnings
- Your future earning potential
- Your medical condition
What If I Can Still Work, but Not in the Same Field?
If you can still work but are unable to work in the same field due to your injuries, you may still be able to recover damages for lost earning capacity. In this case, an expert witness would be brought in to determine what other types of work you may be able to do and what your earning capacity would be in those fields. The difference between your earning capacity before the accident and your earning capacity in a different field would be the basis for your lost earning capacity claim.
Conclusion
If you have been injured due to someone else’s negligence on their premises, you may be entitled to compensation for lost earning capacity. However, calculating lost earning capacity can be difficult and requires the testimony of expert witnesses. It is important to work with an experienced personal injury attorney who can help you navigate the complexities of a premises liability claim and ensure that you receive the compensation you deserve.