Martin A. Schwartz Expert Testimony of Damages for Lost Future Earning Capacity
In his Section 1983 Litigation column, Martin Schwartz focuses on damages from lost earning capacity resulting from an arresting officer's infliction of excessive force in violation of the Fourth Amendment.
September 03, 2021 at 12:00 PM
9 minute read
A §1983 plaintiff who establishes a violation of constitutional rights may be awarded compensatory damages for her actual injuries. These damages may include "special damages" for specific "out-of-pocket" pecuniary losses, such as medical expenses, property damage, lost future earnings and loss of earning capacity. General damages include compensation for physical impairment, physical pain and suffering, and mental and emotional distress.
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