Loss of earning power, self-employed plaintiffs and recovering damages

Commercial Litigation

By Paul B. Porvaznik

Paul B. Porvaznik is an attorney at Davis, McGrath LLC and practices primarily in the areas of commercial litigation, landlord-tenant law, mechanic’s liens and post-judgment enforcement.

Posted September 9, 2015 3:12 PM

A self-employed cattle buyer sued for injuries she suffered in a car accident with the defendant. The defendant admitted negligence, and the parties went to trial on damages.The defendant successfully moved for a directed verdict on the plaintiff’s attempt to recover for lost earning capacity at trial, and the plaintiff appealed.Reversing, the 4th District Appellate Court expanded on the potential damages a personal-injury claimant can recover when the plaintiff is self-employed and doesn’t draw a formal salary …

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