Is defendant liable for loss of earning capacity of deceased?
Loss of earning capacity is a form of actual or compensatory damages under the
Civil Code, which states that:
Art. 2206.
(1) The defendant shall be liable for the loss of earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death[.]