Sentences with phrase «for loss of future earning capacity»

Applying what I consider to be a reasonable deduction for those contingencies, I award $ 450,000 for loss of future earning capacity.
Assessing this loss as best as possible considering both positive and negative contingencies, and taking into account the discount factor without expert assistance, an award of $ 1,400,000 for loss of future earning capacity is appropriate here.
Griffin J. awarded the equivalent of two years» earnings for loss of future earning capacity.
The Court of Appeal found the award for loss of future earning capacity rested on a finding Mr. Fadai's disinhibition and incapacity for self - regulation would lead to a loss of employment and challenges in securing employment.
Despite this, we were able to persuade the court to award Ryan $ 90,000.00 for his loss of future earning capacity by proving that there was a reasonable possibility that Ryan's career would be cut short as a result of his injuries at some point in the future.
The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings.
This case affirms, despite what ICBC says to claimants without lawyers, an award for loss of future earning capacity is available in soft tissue injury cases in which claimants have suffered little or no loss of income: Hu v. Tan, 2016 BCSC 908.
The court awarded $ 321,000 in general damages, $ 100,000 in special damages and home adaptation, $ 100,000 for the «in trust» claim, and $ 1,065,000 for loss of future earning capacity / loss of future earnings.
The evidence indicated the likelihood of a viable claim for loss of future earning capacity as well as a not - insignificant claim for general damages.
In Kweon the ICBC claimant was awarded $ 165,000 for Loss of future earning capacity and $ 175,000... Continue reading →

Not exact matches

A: Your recovery in a personal injury action can include compensation for your medical expenses, hospital bills, income lost because of missed work, future medical or physical therapy expenses and compensation for any loss of earning capacity resulting from the accident.
When making a personal injury claim for future wage loss and loss of earning capacity in British Columbia the following... Continue reading →
He then presses the insurance company to reach a fair settlement of damages for medical expenses, hospitalization, loss of income, loss of future earning capacity and pain and suffering.
After an accident, you can seek damages for things like past and future medical expenses, lost wages and loss of earning capacity.
We have the skills and resources that are necessary to significant compensation for past and future medical expenses — including rehabilitative and long - term care, lost wages, loss of earning capacity, loss of enjoyment, and pain and suffering.
Compensation for injuries sustained in a trucking accident can be awarded for such damages as current and future medical bills, totaled car, lost wages, loss of earning capacity, pain and suffering, wrongful death and other damages.
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.
A seaman may also seek compensation for economic losses such as past wage loss and loss of future earning capacity.
As a result, although the plaintiff was awarded $ 50,000 in general damages, nothing was awarded for loss of housekeeping capacity, costs of future care, and future loss of income or income earning capacity.
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.
and also that, given the Plaintiff's age and injuries, that he would have «a difficult time finding work if his (current) job ended `, As a result of this the court awarded $ 70,000 for loss of future earnings / loss of earning capacity.
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.
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.
Guyle Clark, co-chair on the trial team explains, «We took Ryan's case to trial because we did not feel that ICBC was adequately willing to compensate Ryan for his future loss of earning capacity
You may be able to recover damages for lost wages, past and future medical expenses, loss of earning capacity, pain and suffering, and other losses.
The court did a great job reviewing applicable case law addressing loss of future earning capacity at paragraphs 53 - 68 of the reasons for judgement.
If a loved one or relative dies because of personal injury, wrongful death compensation may be given for: funeral expenses, medical expenses, future medical care, lost wages, future loss of earning capacity, pain, mental anguish, disfigurement, impairment, loss of emotional support and companionship provided by spouse or parent; and loss of household duties provided by spouse or parent.
Our goal is to secure the full amount of money damages allowed by our justice system, including damages for past and future medical, surgical and hospital bills; lost wages and loss of earning capacity; property damage; and past and future pain, suffering and loss of enjoyment of life.
This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store... Continue readiloss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store... Continue readiLoss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store... Continue reading →
Our client was also awarded $ 385,000 for future loss of earning capacity after we successfully argued that our client had planned to work well into his 70s and had significant language barriers that likely precluded him from alternative employment.
Mr. Justice Skolrood agreed that Ms. Sohal, a 53 years old widow, was entitled to a pain and suffering award of $ 80,000, as well as $ 44,000 in past wage loss from her job as a cook, and a further $ 75,000 for loss of future income earning capacity on the basis that she may need to retire earlier than planned due to her ongoing chronic pain.
When a brain injury translates to loss of future earning capacity, we fight to ensure appropriate financial compensation is provided for ongoing rehabilitation, and life style.
When one asks for an award for «loss of future income» or «loss of earning capacity» one has to prove this loss.
The total award for this personal injury claimants was as follows: (1) Pain and suffering - $ 75,000; (2) Loss of future earning capacity - $ 300,000 see: Pallos v. ICBC; (3) Cost of future care - $ 4,750; and (4) Out of pocket expenses - $ 1,130.
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.
In order to seek compensation for your pain, injuries, loss wages, property damage, and loss of future earning capacity, you must provide evidence to demonstrate your losses.
The goal of a tanker truck accident claim is to recover full compensation for both economic and non-financial losses, including pain and suffering, emotional distress, loss of wages and future earning capacity, or the wrongful death of your family member.
Several heads of damages may come into play in assessing the value of your claim, including damages for pain and suffering, out - of - pocket expenses like parking and mileage to and from treatment, past wage loss, loss of future earning capacity or lost opportunities to earn income, loss of housekeeping capacity, and costs of future medical care.
If a loved one has fallen victim to wrongful death in a swimming pool accident, damages can also be collected for funeral costs, lost companionship, and loss of future earning capacity.
The court also awarded more than $ 197,000 in damages for the plaintiff's loss of future earning capacity in relation to his business, and another $ 175,000 in non-pecuniary damages to compensate him for his pain and suffering.
The law can afford you the right to recover money for physical injuries, medical costs (past and future), pain and suffering, mental and emotional anguish, inconvenience, loss of wages, loss of earning capacity, property damage, and other losses.
However, the judge also reduced his awards for non-pecuniary damages, loss of earning capacity, loss of pension and deferred profit sharing by 50 % and the future cost of care by 10 % because of a failure to mitigate.
Some of the most common types of damages include medical expenses, lost wages, loss of earning capacity, pain and suffering, and compensation for any future medical care needs.
While each case must be evaluated on an individual basis, damages may include medical expenses and cost of future medical care, loss of wages, loss of future earning capacity, damages for pain, suffering and emotional distress, and punitive damages designed to punish drivers who acted with gross negligence or malicious intent.
Alternatively, the Appellants seek an order remitting the matter for a new trial to assess the value of Mr. Fadai's future loss of income earning capacity.
The Appellants take issue with the award for future loss of income earning capacity ($ 250,000.00), although they do not dispute the trial judge's finding that Mr. Fadai established a «real and substantial possibility of a future event leading to an income loss».
The Plaintiff's claim for loss of earning capacity and cost of future care were dismissed on the basis that the disc injury was not caused by the accident and any exacerbation of the injury caused by the accident ended in 2005.
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.
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