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How to Get Punitive Damages Against a Tampa Drunk Driver

After a catastrophic catastrophe, such as a vehicle accident, you will almost certainly require a large amount of financial assistance to get your life back on track. When the accident was not your fault, you can normally claim for compensatory damages, which include medical costs, property damage, miss wages while you were healed, and even pain and suffering.

Punitive Damages: What Are They?

Punitive damages, unlike compensatory damages, are meant to penalize the individual who caused the injury. Furthermore, in personal injury cases, punitive damages are paid in addition to compensatory damages, not in lieu of them. Punitive damages are usually only granted where the defendant was highly negligent, which indicates they made a deliberate choice to put others in danger rather than just acting negligently. Car accidents caused by intoxicated drivers are a prominent example of claims that commonly qualify for punitive damages in Tampa. Punitive damages are frequently used by juries to dissuade others from acting in the same way by holding the irresponsible party accountable.

How can you get punitive damages?

After an automobile accident, the injured party must meet two conditions in order to claim punitive damages. They must first meet the criteria for compensating damages. Even if the other motorist was intoxicated, they can't sue for punitive damages if they weren't hurt or their car wasn't damaged. Second, they must show that the defendant's "willful, wanton, or reckless" behavior caused their injuries, which in the case of drank driving accidents generally means demonstrating the other driver was under the influence of alcohol. Thankfully, this does not require that plaintiffs must establish beyond a reasonable doubt that the other party was inebriated at the time of the accident, as some irresponsible drivers may refuse to take a Breathalyzer test at the scene or may not get one until hours later. What this means is that the jury must believe that the other party was inebriated and caused the accident.

How are punitive damages calculated?

While compensatory damages can usually be computed by adding up your medical costs, missed income, and any other expenditure incurred as a consequence of your injury, punitive damages are more subjective and are decided by a jury. The amount of punitive damages you are entitled to be governed by the following factors:

Your injuries' seriousness

Whether the defendant tried to hide their actions (such as by refusing a BAC test)

Whether the defendant has exhibited similar behavior in the past (do they have a record of DUIs?).

Whether the offender was prosecuted criminally for the same behavior that resulted in the injuries (did they get a DUI for the accident?)

Whether the plaintiff was somewhat to blame for their own injuries (did your activities play a role in the accident?)

In Tampa, is there a cap on punitive damages?

Some laws limit the amount of money a plaintiff can get in damages. Punitive damages in Tampa are restricted and there are that it is three times the compensatory damages, whichever is higher.

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#personal injury #Punitive Damages

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Making Left Turns for Pedestrians Safer

Any incident between a pedestrian and a vehicle has the potential to be fatal for the pedestrian. Pedestrians are among the most vulnerable victims of left turn accidents. A pedestrian in a crosswalk or an unmarked crossing may be unnoticed by drivers making a left turn until it is too late. Recent traffic engineering advances and traffic calming features, on the other hand, can assist reduce pedestrian accidents when making a left turn.

Accidents involving pedestrians making a left turn

In Tampa, the left turn pedestrian accidents have the potential to be among the most violent vehicle-pedestrian crashes. When making a left turn through an intersection, a driver's attention is usually drawn to incoming automobiles and trucks. When approaching a crosswalk, a car may not pay attention to see if a pedestrian is attempting to cross. As a result, both the motorist and the pedestrian may be unaware that an accident is imminent until it is too late to avert it.

Pedestrian deaths in motor vehicle accidents have climbed in the last decade, despite the fact that total mortality in motor vehicle accidents has decreased in recent decades. Pedestrian accidents are responsible for up to 17% of all traffic-related deaths. Across the country, certain communities have taken initiatives to reduce pedestrian deaths. They've passed regulations targeting aggressive driving and altered intersection layout to compel drivers to slow down and drive more cautiously around pedestrians.

Engineers have been working on low-cost, simple-to-install devices that can help lower the risk of left-turn pedestrian accidents and the severity of collisions. These measures were erected to require vehicles to slow down when making left turns and to prevent them from cutting diagonally across junctions that put pedestrians in risk.

What is the Centerline Hardening Technique, and how does it work?

The centerline hardening approach has shown to be both extremely successful and economical to adopt among the junction design enhancements created to avoid left turn pedestrian accident. Between the pedestrian crossing and the open junction, bollards, rubber curbs, poles or other blocking barriers are installed as part of the centerline hardening strategy.

Because a higher-speed, straight, diagonal turn would cause the vehicle to collide with the bollards, the centerline hardening devices require vehicles making a left turn to drop their speed and perform a broader turn closer to a 90-degree angle. Drivers who make a slower, 90-degree turn have more time to see pedestrians crossing the intersection and slowdown in time to avoid a collision.

The Centerline Hardening Technique's Efficacy

According to recent research conducted by the Insurance Institute for Highway Safety, centerline hardening devices reduced the incidence of left turn pedestrian accidents and near-accidents at junctions where they were implemented. The study said the new infrastructure resulted in a 70% reduction in the number of incidents in which a driver had to brake suddenly or swerve to avoid a pedestrian, or a pedestrian had to move out of the way of a vehicle making a left turn, based on data from intersections where the centerline hardening technique was implemented.

According to the research, centerline hardening at junctions lowered the average speed of cars making left turns by up to 7%. The number of drivers doing 15mph or faster left turns has decreased by 36%. Reduced speeds entail a lesser chance of serious injury to pedestrians in the case of a collision. The number of incidents involving automobiles and pedestrians in Tampa junctions where centerline hardening equipment had not been installed remained steady.

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#pedestrian #personal injury #car accident

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Why Are Cars Often at Fault in Motorcycle Collisions?

When most people hear about a car colliding with a motorbike, they immediately assume the motorcycle rider was speeding or zipping through traffic without signaling. However, research reveals that in the great majority of motorcycle-passenger vehicle crashes (more than two-thirds of these sorts of collisions), the passenger vehicle driver is at fault, generally for failing to give the right of way to the rider.

Why Do Motorcyclists Go Unnoticed by Drivers?

When a car collides with a motorbike, the car driver frequently says, "I didn't even see them," or "they came out of nowhere," while the motorcycle rider usually responds, "I was in plain sight the entire time!"

Both might be true, despite what you would believe, according to a phenomenon known as "inattentional blindness."

Inattentional blindness occurs when a person stares at something directly yet fail to see it. This might be because the brain is processing so many things at once that it only pays attention to the ones it deems are the most important and dismisses the rest, according to researchers. Driving is a complex undertaking, which may explain why drivers are so prone to inattentional blindness when doing so.

A group of drivers was asked to examine a series of photos and judge whether they depicted a safe or risky driving environment in a 2017 study on inattentional blindness. When a second vehicle (either a taxi or a motorbike) was introduced to the photos, nearly half of the participants failed to see it.

A bit less than a third of individuals who were shown a cab did not notice it. A little more than two-thirds of people who were shown the motorbike didn't see it.

This might be because the brain is attempting to figure out what the largest "danger" is, and because a motorbike is much smaller than a car and is less likely to damage the driver in a collision, it is dismissed to indicate that a motorist might cite inattentional blindness as an excuse to claim they were not at fault when a motorcyclist collided with them? No. Even the term "inattentional blindness" implies that it occurs when a person does not pay attention to what they are looking at. Not focusing blindness cannot occur if drivers are actively searching for motorcycles on the road.

According to the research's authors, the study emphasizes the need for drivers to be more motorcycle-awareness and educate their brains to prioritize bikes higher on the "priority list" in order to avoid accidents. "In the meanwhile," they said, "we need to be more cautious, active, and aware when driving."

Motorcyclists are discriminated against by insurance companies.

Unfortunately, despite the fact that we now know that motorcyclists are rarely at blame for their own wrecks involving another passenger car, many insurance adjusters continue to believe that motorcyclists are always at fault. That means motorcyclists face an uphill struggle to get compensation from an insurance company that already doubts them before they even file a claim for their injuries following a collision. Because the injuries suffered by motorcyclists following a collision are sometimes serious and deadly, recompense is more important than ever.

#motorcycle #personal injury #lawyer #attorney

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Winning Compensation for Auto Accident Victims

Residents and visitors who are injured have the same legal rights and duties. A payment must be made to compensate the wounded victim for the losses incurred as a result of the other responsible party's negligence. Injured parties will file a settlement demand package with the at-fault party's insurance carrier after serving their automobile accident claim, detailing their losses and amounts owed. Throughout the procedure, we'll negotiate your particular situation. By assessing the evidence, there are Tampa automobile accident lawyers that will seek recompense and get an acceptable sum. Experts and complicated legal formulae may be used. That's how a Tampa auto accident lawyer can look over your case and make sure it's ready to go. Acting in your best interests is our primary concern. Following your doctor's instructions will help you get the most money for your damages.

Lost Wages as a Result of a Car Accident

In all small and large crash situations, be prepared to lose a significant amount of money in past and future lost wages. Families can go insolvent as a result of lost income, particularly future wages. We'll start working on your accident case right away. We may also assist you in filing unemployment and SSI claims for a longer length of time.

Property Loss

Property damage claims include car damage reimbursement even if you were not injured. This aids in the replacement or repair of vehicles that have been involved in accidents.

Vehicle Accidents: Special Damages

Punitive damages are sometimes awarded in personal injury cases. By collecting together invoices, receipts, pay stubs, proof of self-employment income, surgery, and automobile repairs, an experienced attorney can assist you determine your overall losses and recover money you made.

Crashes Cause Pain and Anguish

We assist customers in recovering general damages and additional costs such as:

Non-economic losses include mental agony or emotional suffering.

Loss of pleasure in life

Suffering and pain

Disfigurement

Bother

Assume you or a loved one has been suffering from a long-term severe injury, or someone has died as a result of wrongful death. In such scenario, you'll need legal assistance in dealing with the other motorist, their company, or the authorities. Don't mention anything about your case until you've consulted with an attorney.

Lawyers in Tampa assist clients seeking recompense. They assist clients in automobile accidents in obtaining a settlement that is less than the true financial value of their cases. They also represent clients in motorbike and bicycle accidents in Tampa. If you hire our top-notch team now, you can be certain that you've chosen the best Tampa automobile accident lawyers for the job.

If you or a loved one has died as a result of a negligent driver conduct, we would help any accident victim navigate the complicated insurance claims procedure under Tampa law. The top personal injury lawyer will not allow the defendant to dismiss your catastrophic automobile accident claim. They will even go to the location of the accident.

Options for Payment by a Third Party

A skilled Tampa automobile accident lawyer can clarify whether the City of Tampa is liable for harmful conditions established by government bodies, such as an unsafe highway.

Third parties may pay financially if a car part manufacturer's faulty product flaws or recalled product was the issue (defective airbag, for example). The top trial lawyer in the Tampa region examines the evidence and explains the many financing options available for product liability settlements.

#car accident #Car Accident injury #car accident attorney

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Who Can File a Case for Wrongful Death?

According to the civil law, an action for wrongful death must be initiated by the executor or administrator of the deceased person's estate.

The estate executor pursues the wrongful death claim on behalf of the deceased's immediate family members, who are often the surviving husband and children, in order to recover damages.

It is possible for the parents of the deceased to launch a wrongful death case on their behalf if there is no surviving spouse or children. The ability to sue for wrongful death exists even if the child was an adult at the time of the accident that caused his or her death.

A wrongful death case is brought on behalf of the deceased person's lawful heirs if the deceased person's parents, spouse, or children are no longer alive and cannot be found.

There are wrongful death lawyers in Tampa for a family suffering the death of a loved one due to carelessness. When a loved one dies too soon, as a result of a car accident or other preventable disaster, it is one of life's most painful tragedies to see. A loss can have a devastating impact on the mental and financial well-being of a family. If your loved one passes away, your family may face unexpected medical expenses and burial fees, as well as the loss of that person's domestic support. During such trying times, families deserve compassion, understanding, and dependable legal counsel from professionals. Tampa attorneys who are sympathetic to your situation can investigate the circumstances behind your relative's sudden death and advise you on your legal options.

They are beautiful individuals coping with horrific situations, such as the death of loved ones in accidents caused by the negligence of others. There are lovely people and lawyers who are dealing with horrible situations. Under the law, the immediate family members of a wrongful death victim have the right to hold the culpable parties accountable and to seek compensation for their losses. While no amount of money will ever fully compensate for the loss of a loved one, wrongful death compensation can give financial stability and aid a family in their efforts to avoid bankruptcy. The holding individuals have found accountable whose negligence or disregard for safety resulted in an avoidable death can assist families in finding closure in their grieving process.

What Kinds of Losses Am I Entitled to Recover?

According to the Code of Laws, the types of monetary compensation — known as damages — that may be obtained in a successful wrongful death case include:

costs of a funeral and burial

medical costs incurred prior to death for the dead person's medical care

income and benefits lost

the absence of the deceased's care and company

the surviving immediate family's anguish and suffering

Punitive damages, sometimes known as exemplary damages, may be granted in exceptional circumstances when wrongful death was caused by purposeful acts or misconduct. Punitive damages are intended to penalize an offender while also acting as deterrence to future wrongdoing.

If a wrongful death action is successful, the proceeds will be shared among the spouse, children, parents, and heirs in the proportions to which they would have been lawfully entitled if their loved one died without a will.

#wrongful death #wrongful death attorney

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Personal Injury Settlements: Negotiate a Lower Price

Negotiating a decrease with the lien holder is critical if you are dealing with the Medicare plan or a hospital debt. Liens might seize your whole injury compensation if you don't negotiate a decrease. Lien reduction is a difficult procedure that is unique to each circumstance. As a result, negotiating a lien reduction without first consulting an attorney is not advised. A discount offer might be made on a few different reasons.

Equal Reduction vs. Pro-Rata

Pro-rate is a euphemism for proportionate. A pro-rata reduction is typically necessary if the lienholder requests more money than you are expected to obtain from your accident settlement. A pro-rata reduction indicates that the lien holder's share of the overall settlement sum is reduced. For example, a normal pro-rata arrangement for persons with attorneys is as follows: the beneficiary receives a third of the settlement, their attorney receives a third for attorney costs, and all other lien holders share the remaining third proportionately to their lien size.

Cost Cutting That Is Reasonable

When the hospital issue liens, this decrease is far more prevalent, but a realistic cost reduction is one that is based on actual medical care expenses before all of the excessive, for-profit markups. In many cases, hospitals charge 10 times the cost of a surgery. In most cases, state rules provide those hospitals may only collect a reasonable amount for services performed in their lien. Every year, hospitals submit a cost report to Medicare. You have a decent chance of winning a big decrease in the lien if you can demonstrate the real cost of your therapy and give a modest 50 percent profit margin on the cost.

Recoverability Rights

Only if the beneficiary gets a settlement is a lienholder eligible to collect. Assume the lien is too substantial to make the lawsuit worthwhile to settle. There, the beneficiary may choose not to accept the injury compensation, providing him or her negotiation power. To guarantee that they can achieved some sort of recovery, the lienholder will try to reach an agreement that is agreeable to all parties. Third-party firms like are more likely to engage in this type of discussion. They are significantly less flexible when working directly with Medicare. Medicare has a set of extremely defined grounds and criteria for reducing the amount of their lien.

Get a decrease in writing if you can and pay close attention to any deadlines if you receive a letter requesting with a decrease amount. A letter, for example, may provide a thirty-day window in which to make payment on the reduced sum before the offer expires. Before making any payments, contact the lienholder to either negotiate a new reduction or obtain a fresh letter with the same reduced amount. The last letter from Medicare specifies a date after which interest on the lien amount will begin to accrue if it is not met. When you're nearing a settlement with the liability insurance, it's a good idea to negotiate reductions. You'll be able to make a payment as soon as a reduction agreement is reached in this method.

#settlement #personal injury

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Car Accident Lawyer’s Responsibility

If you or a loved one has been injured in a car accident that was caused by someone else's negligence, it is important that you work with the best auto accident lawyer possible to ensure the success of your claim. Auto accident attorneys have successfully recovered hundreds of millions of dollars in settlement settlements for the injuries and losses suffered by victims of vehicle accidents.

How Can We Assist You?

Getting fair treatment and compensation after a car accident may be challenging, and getting fair treatment and compensation following a collision is anything from easy. While not every accident necessitates the use of an attorney, it is nearly impossible for a victim to determine the value of their case without the aid of a professional. Having a skilled automobile accident attorney on your side will ensure that your rights are protected and that justice is served. Look for businesses that can aid victims in obtaining a suitable settlement amount. Because we understand what it takes to get the best possible results, our firm offers a free case consultation in which we can go over the facts of your particular circumstance.

Types of Automobile Collisions

Accidents involving pedestrians

A pedestrian accident occurs when a person on foot is hit by a moving vehicle such as an automobile. In certain cases, the pedestrian may be at fault, while in others, the motorist may be at fault, depending on the circumstances. Consider the following scenario: A pedestrian crosses a roadway or a junction while the signal is green and is struck by an automobile, the pedestrian will very certainly be found liable. If, on the other hand, a car fails to stop at a red light and collides with a pedestrian, the driver is at fault.

Rear-end Collisions

A rear-end collision occurs when one vehicle collides with the back end of another. Distracted driving, weather conditions, tailgating and unexpected stops, as well as driver mistake, can all contribute to this sort of collision. The severity of the accident might range from mild to devastating depending on how quickly the automobile was traveling. There are few exceptions, but in most cases, the driver of the car that rear-ends the vehicle in front of them is at fault.

Accidents with Minor Damage

A minor collision is one that does little injury to the persons or vehicles involved in the accident. When a car is traveling slowly, such as in a parking lot or driveway, there will be minor damage incidents that might occur. Single-car accidents are also modest, although they may inflict significant damage to a vehicle.

Accidents involving a hit-and-run driver

When a motorist impacts another car, person, item, or animal, and then flees the scene of the accident without reporting their insurance information, this is known as a hit-and-run accident. Even if the owner is not present when a motorist hits a parked automobile, the driver must stop and leave a note with their contact information otherwise it will be deemed a hit-and-run. Depending on the state regulations, this sort of collision might be classified as a misdemeanor, crime, or an infraction.

#car accident injury #car accident #lawyer

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What Is the Value of Your Claim?

It's difficult to predict how much someone will be compensated in advance. The overall value of your claim will be determined by various factors, including the ones listed below.

Damages for Compensatory Reasons

In most car accident instances; compensatory damages refer to lost wages. These can include both current and prospective earning capabilities, as well as money the customer has already lost, such as missing wages.

Wage Decrease

After an accident, most people are forced to take time off work, resulting in lost earnings. Work absences might range from a few days for emergency treatment for many weeks of physical therapy.

Earning Potential in the Future

The ability to return to work and the prospect of earning a living in the future are two of the most pressing concerns for automobile accident victims. Unfortunately, serious injuries might make a person unable to work permanently or only allow them to work for a limited period of time after they have been injured. Someone with a handicap may be forced to quit a successful job or business in order to accept a position with a lesser salary. The combination of these variables determines the amount of future earning potential that will be lost. Any aspect of a vehicle accident injury and how it impacts the client's earning potential will be explained in detail by a competent auto accident attorney.

Medical Fees

Accidents involving a motor vehicle in Tampa regularly result in excessive short- and long-term medical bills, particularly for individuals who do not have appropriate health insurance coverage. When it comes to the neck or spine injuries, this is especially important because they can result in long-term complications. It is important to meet these expenses in order to avoid financial difficulties and debt accumulation. Do you believe that your injuries were caused by another motorist’s carelessness? Consult with one of our car accident attorneys to see if you are entitled to compensation after an accident.

Other Expenses

In vehicle accident lawsuits, lost income and medical expenditures for bodily injuries are relatively easy to calculate. Other elements, however, are taken into account when estimating damages in car accidents. From a purely financial standpoint, these aspects may not be as clear. They may include the following:

Stress, trauma, sorrow, anxiety, despair, and PTSD are all examples of mental suffering.

Physical discomfort and suffering as a result of the injury and rehabilitation procedure.

Because of the victim's injuries, his or her spouse or partner is unable to enjoy tenderness, companionship, or sexual intercourse with the sufferer.

Punitive damages (if the culpable party disobeyed the law flagrantly and plainly), which the court generally awards for two reasons: to compensate the damaged party and to deter the guilty motorist from repeating the same illegal behavior.

While the majority of claims will center on bills, expenses and lost earnings, compensation extends beyond merely financial concerns. It will be considered in the claim if someone has a lower quality of life, including physical, mental, and emotional well-being. Following the car accident, a skilled accident attorney will give a full picture of the victim's suffering.

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#claims #car accident #car accident claim

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What You Should Do After Any Tampa The Slip And Fall Accident

​Read the tips for automobile accident victims. The same rules apply to slip and fall victims as they do to vehicle accident victims.

​Take pictures. It is often important to have photographs of whatever caused your accident after an accident, if at all feasible. Even if you have to send a family member or acquaintance, try to acquire those. In slip and fall situations, the photos are frequently required.

After you've reported the accident, don't speak to the firm about it. After a major accident, large corporations' "risk management" teams, or insurance adjusters, will frequently contact you. Don't chat to them, don't email them, and don't interact with them in any way, written or verbal. However, it is beneficial if you provide an initial incident report as soon as possible following the fall. Never make a recorded statement. It's a terrible concept.

​Answers from a Slip & Fall Lawyer

​When a customer is badly wounded in a slip and fall accident, they are often perplexed. Slip and fall incidents frequently result in serious injuries, necessitating one or more operations or even resulting in brain damage. The issue is that, regrettably, the slip and fall legislation is not always on the customers' side. I frequently have to refuse slip and fall injury claims because the law does not afford a remedy.

​Not a paralegal, but a slip and fall attorney should be consulted

Another problem for customers looking for a slip and fall attorney is that when they phone big-name businesses with a lot of advertising, they are only able to talk with intake staff rather than an attorney. Many of these "settlement mill" companies use layers of personnel to handle cases in a high-volume manner, which means you will never be treated as more than a number. At least one of these businesses even has a document stating that they will never file a lawsuit in specific damage instances! In many slip and fall instances, this would be devastating to the final recovery.

​The Slip and Fall Law Is Extremely Complicated

​Slip and fall cases are unlike any other type of accident or damage lawsuit. As a result, dealing with a genuine slip and fall attorney (rather than a receptionist or paralegal) will give you the best chance of getting the most money. I can come up with unique arguments in slip and fall situations that a non-lawyer intake staff would not think to ask, and that might lead to financial compensation for your slip and fall injuries. I'm also extremely familiar with preparing responses to the complex motions filed by defense attorneys seeking to dismiss your slip and fall case (in litigation), which can result in you losing your slip and fall case (and receiving no compensation) before you even go to a jury. In factually and legally complex slip and fall instances, my motion drafting abilities become VERY crucial.

​Whatever your circumstances, I can assure you that slip and fall accidents are unlike any other sort of injury. You need your slip and fall lawyer who will go outside the box and make innovative arguments on your behalf to see if there is any way to use our existing (and extremely restricted) slip and fall legislation against any company or household.

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#car accident #slip and fall #attorney

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Car Accident Property Damage Claims Guide

#tampa car accident lawyer #tampa auto accident lawyer

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#car accident

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Filing a Police Report After a Car Accident

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Tire Blowout Accident Lawsuits

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Wrongful Death from a Car Accident- The Loss of Earning Capacity