[261] Keeping in mind that an award for loss of housekeeping capacity is intended to compensate the plaintiff for
a diminished loss of capacity and is not a mathematical calculation, I assess a fair award to be $ 40,000 for the future loss of housekeeping capacity.
Not exact matches
As I have worked with children over the years, I have seen the
diminished capacity for true play and a
loss of the sense
of wonder in their world as children are groomed to be consumers rather than citizens.
There are many types
of damages, including damages for pain and suffering, out
of pocket expenses or special damages,
loss of housekeeping
capacity,
loss of future housekeeping
capacity,
loss of income and past
diminished earning
capacity, future
diminished earning
capacity, cost
of future care, accelerated depreciation, in - trust claims, and tax gross up and management fees.
In Bulatovic v. Siebert, the Plaintiff was injured as a pedestrian when crossing the street on a crosswalk, and consequently brought an ICBC claim for damages such as pain and suffering, income
loss,
diminished earning
capacity, and cost
of future care.
The Plaintiff brought an ICBC claim for non-pecuniary damages,
loss of income,
diminished earning
capacity,
loss of housekeeping
capacity, special damages, and future care.
In Combs v. Bergen, the Plaintiff was injured in a motor vehicle collision, and brought an ICBC claim against the Defendant for damages for pain and suffering, wage
loss,
diminished earning
capacity, and cost
of future.
Damages may include
loss of income,
diminished homemaking and earning
capacity, pain and suffering, cost
of care, out
of pocket expenses, and interest.
Other types
of damages can include medical expenses incurred, lost wages, a
diminished earning
capacity,
loss of consortium, etc..
In Chow v. Nolan, the Plaintiff was injured in a motor vehicle collision, and consequently brought an ICBC claim for many heads
of damages, including pain and suffering,
diminished earning
capacity, and
loss of housekeeping
capacity.
In Symons v. ICBC, the Plaintiff was seriously injured in a motor vehicle accident, and consequently commenced legal proceedings, seeking damages for pain and suffering, income
loss,
loss of housekeeping
capacity,
diminished earning
capacity, cost
of future care, and out
of pocket expenses.
This can include a claim for pain and suffering, for out
of pocket expenses, for
loss of housekeeping
capacity, for future
loss of housekeeping
capacity, for
loss of income and past
diminished earning
capacity, for future
diminished earning
capacity, for cost
of future care, and for an in - trust claim.
In Ostrikoff v. Oliveira, the Plaintiff was involved in a motor vehicle accident, and brought an ICBC claim for many types
of damages, such as non-pecuniary damages, past
loss of earning
capacity, and future
diminished earning
capacity.
The Plaintiff brought an ICBC claim for several heads
of damages, including pain and suffering,
loss of income,
diminished earning
capacity, cost
of future care, and
loss of housekeeping
capacity.
In Rollheiser v. Rollheiser, the Plaintiff was injured in a car accident, and brought an ICBC claim for several heads
of damages, including pain and suffering,
loss of income,
diminished earning
capacity, cost
of future care, and
loss of housekeeping
capacity.
Rather than attempting to determine an amount for
diminished earning
capacity by using the earnings approach, which is more suitable where the
loss can be easily measured, the Court used the capital asset approach, as the Plaintiff had no history
of full time employment, and had yet to fully establish herself in her field.
General damages (money for pain and suffering and
loss of enjoyment
of life) were assessed at $ 65,000 and a further $ 80,000 was awarded for the Plaintiff's
diminished earning
capacity to reflect the fact that her chronic condition will likely effect her vocationally over her lifetime.
Loss of future income / earning
capacity if you will be unable to return to work in the future because
of your injuries, or if your
capacity to work has been
diminished in some way, such as if you will be unable to resume the same number
of hours / position, or you are less likely to be employed because
of what has happened
Even if you chose to use a prosthetic leg, you would be at a
diminished capacity to run in marathons and be able to claim the
loss of enjoyment
of life in your personal injury claim.
The trial judge erred in assessing the claim for
loss of earning
capacity on the basis that the appellant's earnings had not actually
diminished after the accident.
It is possible that you may have experienced a
loss of future earning
capacity, that your capability to act as a caregiver may have been
diminished, or that you may need long - term medical care as a result
of physical and emotional trauma.
We make sure that our clients» injuries are documented and understood, that the medical expenses are clearly delineated, that any lost wage or
diminished earning
capacity is fully supported, and that ongoing permanent impairment and harm is properly evaluated and presented so that our clients» future
losses are factored into the analysis
of case value.