Sentences with phrase «future earning capacity»

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 addition to replacing the lost future earning capacity of the deceased, these damages are intended to help family members recover monetary compensation for funeral and burial expenses.

Compensation may include pain and suffering, past and future medical expenses, wage loss, and reduction in future earning capacity.

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

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.

When projecting future earning capacity the economist is projecting the amount the person could have earned if he had chosen to maximize his earnings.

Compensation usually covers one or more of the following: medical expenses, lost wages and loss of future earning capacity, pain and suffering, loss of consortium, punitive damages.

Any income you have lost also needs to be factored in, as well as lost future earning capacity if it's been diminished.

Insurance companies might follow the formula of adding your medical costs (present and future that are accident related) + missed time at work + future earning capacity + pain, suffering and inconvenience.

In this case, the Court found Justice Shultes assessed the extent to which a serious and permanent problem would impair future earning capacity for a man who immigrated to Canada at 13 and showed promise in the sales industry without having established a definite career path — a «difficult task» according to Fitch, J.A.

Generally a claim for loss of future earning capacity raises two key questions: 1) has the claimant's earning capacity been impaired by his or her injuries; and, if so, 2) what compensation should be awarded for the resulting financial harm that will accrue over time?

If this is true for you, you can seek the full value of your lost wages, benefits, and future earning capacity related to your injury, past, present, and 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.

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.

[24] The plaintiff also claims loss of future earning capacity because of inability to obtain employment on the log booms.

They may also provide testimony in the areas of an individual's earning capacity, reduced ability to perform his or her job, expected future earning capacity, severity of the disability, life expectancy, and other related topics.

At trial, Justice Shultes quantified Mr. Fadai's impaired future earning capacity under the «capital asset approach» and following considerations as set out in Brown v Golaiy (1985), 26 B.C.L.R. (3d) 353 at para 8:

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.

More importantly, and for the reasons already given, doing so in this case would visit upon the plaintiff an unduly punitive sanction — one that fails to give any weight: (1) to the challenges associated with forecasting how a court might assess her loss of future earning capacity claim; and (2) to the plaintiff's compromised ability to accurately evaluate her own situation.

On the other hand, if your injuries render you unable to work at your existing job or if you have to find work in a different field where you will be paid less, you may be able to claim damages due to the reduction in future earning capacity.

In this ICBC personal injury case the claimant sought injury compensation of over $ 865,000, with loss of future earning capacity at over $ 618,000.

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.

These days, many lenders will refinance student loans while the borrower is still in their residency, taking into account the borrower's future earning capacity.

These days, many lenders will refinance student loans while the borrower is still in their residency, taking into account the borrower's future earning capacity.

Other factors affecting risk tolerance are the time horizon you have to invest, your future earning capacity, and the presence of other assets such as a home, pension, Social Security or an inheritance.

Of course they also buy real assets and their future earning capacity.

In Kweon the ICBC claimant was awarded $ 165,000 for Loss of future earning capacity and $ 175,000... Continue reading →

If your crash was caused by the negligence of another person or entity, you may be able to recover compensation for your medical bills, lost wages, and loss of future earning capacity.

The claimant said that she suffered serious injuries and had lost income, future earning capacity, future costs of care and out of pocket expenses.

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.

Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage.5.

Under the Jones Act and federal maritime law, injured offshore workers may qualify to receive compensation for damages, including lost wages, medical expenses, pain and suffering, and loss of future earning capacity.

One of many issues that can arise in calculating economic damages in personal injury litigation is the important distinction between projecting a person's future earnings and a person's future earning capacity.

The court varied the cost award by lowering the award for loss of future earning capacity / loss of future earnings from $ 1,065,000 to $ 750,000.

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 present and future earning capacity of each party.4.

The Plaintiff claimed significant injury which was on - going more than 5 years post collision which would impact her future earning capacity.

Plaintiffs can also seek compensation for lost wages, as well as compensation for any reduction in their future earning capacity.

If you are able to return to work, but not to the same degree as you were before the accident, then the law permits compensation for the impairment of your future earning capacity.

A seaman may also seek compensation for economic losses such as past wage loss and loss of future earning capacity.

These crime victims can sue for damages that can cover not only items related to their physical injuries (medical expenses, long term care in the future, etc.) but also for their financial damages (lost wages, lost future earning capacity, etc.) as well as other harm they have suffered (e.g., pain and suffering).

Insurers will consider damages that have money value, such as property damage, past medical costs, past wage lost, future medical costs, and future earning capacity.

Our lawyers will pursue damages on your behalf for past and future medical care, loss of wages and future earning capacity, disability, and pain and suffering.