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One of the many reasons why clients settle a case prior to the jury deliberated and rendering a verdict is due to the uncertainty of what a jury might decide. Before a jury determines what facts have been proven that the various parties and then applying the law to those facts they must be first "charged" by the trial court judge. Jury charges instruct the jurors on how to apply the law of the State of Connecticut to the facts they have found to exist. One of the charges a judge might give would address the issue of damages and be:
Destruction of Earning Capacity. The destruction of earning capacity, that is, the capacity to carry on the particular activity of earning money, may be compensated. First, we address the probable net earnings, in the ordinary sense of that phrase, during the decedent's probable lifetime.
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