Sentences with phrase «earning capacity involves»

In this important and first Supreme Court personal injury case of 2018 the court accepts that a claim for past loss of earning capacity involves a consideration of hypothetical events.

An assessment of loss of both past and future earning capacity involves consideration of hypothetical events.

Not exact matches

Conservatives are committed to the view that eudemonia is only available on a you - merit - what - you - earn - basis, that this may or may not include the State, and if so, in a limited capacity chiefly involving the security of private goods.

Then, as others in the school community build capacity and earn the trust of the troops, let them become more involved in the real decisions of the school.

Moreover, if the case involves a substantial loss of wages or wage earning capacity, expert economists and vocational rehabilitation specialists will need to be retained to analyze these components of recovery.

Generally speaking, aside from very specific types of cases involving contracts, or specific types of statutory relief, a Plaintiff typically includes counts for things like NIED (negligent infliction of emotional distress), pain and suffering, loss of consortium, loss of future earning capacity — these are a few of the types of counts whereby there is no specific value a defendant could ever point to being «fully satisfied» — the reason being, a jury needs to determine the legitimate value of these claims unless the Plaintiff accepts a settlement award whereby he / she / it feels as if it's fully satisfied.

If someone is involved in an accident that causes a disability or that causes the person not to be able to return to the same job, there may be a claim for lost earning capacity.

For instance, one of the major categories of damages which are often at play in motor vehicle accident injury cases involve the future earning capacity of the victim.

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.

This is called «lost earning capacity,» which involves complex calculations and may require expert testimony on the effects of the injury on future work performance.

Given that the Tribunal can not award punitive damages or legal costs and typically does not award damages for lost future earning capacity and future therapeutic treatment (all of which were awarded in Olympia), it would appear that civil actions should be given serious consideration in situations where an alleged breach of the Code involves factually complex or serious acts of misconduct.

Another recent significant binding arbitration award achieved by Mr. Jacobs involved a claim of permanent injury resulting from a failed cervical fusion and an earning loss / injury to earning capacity claim in excess of the million dollar policy limits.

A complex child support proceeding may involve disputes over the parents» net incomes or earning capacity, the child's special needs, or other issues.