In a Tennessee truck accident case, an injured person may be able to recover money damages for several different types of loss, including loss of earning capacity. In simple terms, this means that the defendant has to pay the plaintiff the money that he or she would have been able to earn but for the accident.
Loss of earning capacity can be temporary (until the plaintiff physically recovers from the accident and returns to work), or it can be permanent (when the plaintiff is unlikely to ever be able to go back to work). The burden of proof is on the plaintiff to provide evidence of his or her lost earnings, both past and future, resulting from the wreck.
Sometimes, a jury may award an amount of damages that, when considered by the trial court judge or the court of appeals, was not in line with the evidence introduced at trial. Rather than start over with a new trial, the court may issue a “remittitur,” which reduces the amount the plaintiff ultimately receives as to one or more elements of damages but does not otherwise disturb the jury’s verdict in his or her favor as to liability or other issues. In other words, the plaintiff still wins; he or she just gets less money than the jury awarded.