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Birmingham Bar Association Bulletin

Tort LAw which he ordinarily occupied his time before the injury, (and) his inability to pursue his occupation." Much the same, in Alabama FELA and Jones Act cases, lost past and future earnings are recoverable, and earnings capacity is considered. EMPLOYMENT BENEFITS Common employment benefits include various types of insurance and employer contributions, on behalf of the worker, to retirement funds and government programs. Each has value, so forensic economists often include lost employment benefits as part of economic losses. Alabama courts consider damages from lost employment benefits, but these losses must be proven to be awarded. Alabama statutes do not provide unique instructions for calculating the value of lost employment benefits, and such losses should likely be treated in the same manner as lost wage and salary earnings. HOUSEHOLD SERVICES It might seem that lost household services are recoverable for the same reasons lost earnings are recoverable, but Alabama statutes and Alabama case law do not mention this source of loss, with perhaps one exception: parents have been awarded damages for lost services that would have been provided by an injured minor child in Alabama PI cases. Nevertheless, the pecuniary value of lost household services is typically recoverable in many other states and in suits against the United States government, so this may be an area for Alabama courts to evaluate further. FELA and admiralty-maritime cases filed in Alabama have considered the value of lost household services. GROWTH RATES Earnings typically grow over time with inflation and productivity. To make the injured party whole, Alabama courts allow awards of front pay to grow over time with anticipated raises. However, the growth rate to be used is not specified by Alabama statutes or case law. WORKLIFE AND LIFE EXPECTANCIES Worklife expectancy is often used when calculating front pay to estimate the number of years an individual would have remained in the labor force and been employed. Alabama courts recognize the appropriateness of examining losses over one’s worklife, but they state no preference for which methodology to use when approximating the number of remaining years of A8046283-01 AN EXPERIENCED BANKRUPTCY PRACTICE Many people are facing serious financial challenges, and our experienced and compassionate attorneys can often help. For more than 25 years our practice has been focused on representing people in debt – from simple consumer bankruptcies to the most complex personal financial reorganizations. For unmatched experience and resources, call our dedicated bankruptcy attorneys. www.bondandbotes.com 600 UNIVERSITY PARK PLACE, SUITE 510 / BIRMINGHAM AL 35209 PHONE: (205) 802-2200 / FAX: (205) 802-2209 Alabama State Bar requires the following: “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. We are Debt Relief Agents and Attorneys at Law. We can help people file for bankruptcy relief, where appropriate, under the bankruptcy code.” Birmingham Bar Bulletin/ Spring 2017 15


Birmingham Bar Association Bulletin
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