Piazza, Simmons, & Grant Connecticut Personal Injury Lawyers

Destruction of Earning Capacity


The most valuable thing you have in life is your health. You can imagine that the total lack of health, which is death, is certainly worth a substantial monetary award if that death is what is called “wrongful death.” In fact, in each and every state, there are Wrongful Death Statutes, which attempt to outline what the damages are in this type of case, but believe it or not, there are different standards, depending on the State in which the death occurred.


Let us say that you are working on the scaffolding of a very tall building. You slip and fall five stories onto a ledge. There you wait until the medical personnel are able to put you on a stretcher and take you to the hospital. When your wife shows up, you hear the doctors tell her that you are not long for this world and their prediction comes true. The first and simplest costs are the costs of your medical expenses and funeral. You have been deprived of life itself. You also have been deprived of any more paychecks. You certainly are not going to carry on those activities that you enjoyed when you were not at work. How do the Courts set a value on this type of injury in Connecticut?

Let’s define some terms. “Wrongful death” is kind of an oddball heading. Actually, it means that you are deprived of life because of someone’s negligent action or, for that matter, inaction. The courts have listed the damages as follows:

(I) Compensation for conscious pain and suffering prior to your death;

(2) The post-mortem and funeral expenses;

(3) The death itself;

(4) The destruction of earning capacity;

(5) The destruction of the capacity to carry on and enjoy 1fe ‘s activities;

(6) Other considerations;

(7) The loss of consortium by your spouse.

Destruction Of Earning Capacity:

  • Begin with decedent’s gross lifetime earnings, including the value of fringe benefits,
  • Less income taxes,
  • Less personal living expenses in order to keep himself in a condition of health and well-being to enjoy life’s activities, including the capacity to earn money,
  • Now reduce (discount) this amount to its present value as of today.

Destruction Of One’s Capacity To Carry On And Enjoy Life’s Activities:

This area of damages includes the nonremunerative pursuits of the person who died. These elements of damages are not based on earning capacity or employment. A lawyer, in order to document these damages, would look to the relationship you have with your spouse, your relationship with your children and the activities you have enjoyed with them, civic and religious and social organizations that you were active in, the hobbies you pursued as well as the sports and other leisure-time activities that you indulged in.

Contact a Connecticut Personal Injury Attorney

Contact the Law Office of Anthony A. Piazza at 888-652-6629 to schedule a consultation with a Connecticut Personal Injury Attorney.

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