Ms enne had recently accepted a better paying job as a physical trainer in a local soccer club. evidence from the physiotherapist suggests that she may not be gainfully engaged in physically straining activities anymore. discuss her chances of successfully claiming loss of earning capacity.


Question: Ms enne had recently accepted a better paying job as a physical trainer in a local soccer club. evidence from the physiotherapist suggests that she may not be gainfully engaged in physically straining activities anymore. discuss her chances of successfully claiming loss of earning capacity.

Ms. Enne's chances of successfully claiming loss of earning capacity are generally good, but she will need to provide evidence to support her claim.

The first step is to prove that she has suffered a loss of earning capacity. This can be done by comparing her current earnings to her pre-injury earnings. If she is now earning less money, she will need to show that this is due to her injury.

In this case, Ms. Enne has accepted a better paying job as a physical trainer in a local soccer club. However, the physiotherapist's report suggests that she may not be able to continue in this role for long due to the physical demands of the job. If this is the case, she may be able to argue that she has suffered a loss of earning capacity, even though she is currently earning more money.

To support her claim, Ms. Enne will need to provide evidence of her pre-injury earnings, her current earnings, and the physiotherapist's report. She may also want to obtain a statement from her new employer confirming that she is unable to continue in her current role due to her injury.

In addition, Ms. Enne will need to provide evidence that she has taken reasonable steps to mitigate her losses. This means that she has looked for other jobs that she is able to do, even if they are not as well-paying as her previous job.

If Ms. Enne can provide this evidence, she has a good chance of successfully claiming loss of earning capacity.

Here are some additional tips for Ms. Enne to increase her chances of success:

  • Hire an experienced personal injury lawyer. A personal injury lawyer can help Ms. Enne to build a strong case and negotiate a fair settlement.
  • Be prepared to provide medical evidence. In addition to the physiotherapist's report, Ms. Enne may also want to obtain a statement from her doctor or other medical professional confirming her injury and its limitations.
  • Be honest and upfront with your lawyer. Ms. Enne should be honest with her lawyer about her pre-injury earnings, her current earnings, and her job search efforts. This will help the lawyer to develop a strong case and negotiate a fair settlement.
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