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.
Not exact matches
Here are some ideas
of how to maintain your
earning capacity after you become a parent.
Thanks to the depth and diversity
of content professionals working with children in a variety
of capacities — recreation center directors, summer camps,
after - school programming and aquatics, among them — have embraced and benefited from
earning their CYSA credential.
The starting point is that matrimonial assets should be split on a 50/50 basis however this may be departed from
after considering the children's needs, the length
of the marriage, the ages, health and income
earning capacity of the parties, the standard
of living enjoyed during the marriage, needs and any other relevant circumstances.
After an accident, you can seek damages for things like past and future medical expenses, lost wages and loss
of earning capacity.
The new edition: - Extends guidance on calculation and adopts a new methodology for assessing appropriate deductions to be made to the working life multiplier dealing with contingencies other than death, including the assessment
of a claimant's residual
earning capacity after an accident.
Her current
earning capacity would represent a serious reduction in what she would have been able to achieve if she had returned to work
after the birth
of their second child.
To isolate and quantify the level
of income or
earning capacity sacrificed by a wife years
after the event for the purpose
of calculating an award constitutes a search for precision which is to be discouraged both on grounds
of policy and practicality».
All payments in respect
of the incident that the plaintiff receives
after the trial
of the action for statutory accident benefits in respect
of pecuniary loss, other than income loss, loss
of earning capacity and expenses for health care.
(a) every continuing periodic amount payable by an insurer as an income replacement benefit, education disability benefit, caregiver benefit or loss
of earning capacity benefit in accordance with the Schedule shall be revised, effective the 1st day
of January in every year
after 1994, using the indexation percentage published under subsection 268.1 (1); and
Damages for loss
of earning capacity suffered
after the incident and before the trial
of the action in excess
of,
There are three factors which support the necessity
of rehabilitation: (1) the injury has caused a reduction in
earning capacity and the evidence shows that rehabilitation will have a positive impact; (2) job security is diminished because
of the injury; and (3) it is likely that the rehabilitation will enable the employee to successfully get hired
after completion.
[137] Even
after the first surgery, based upon the evidence
of Dr. Duncan, it is evident that her hip condition will further interrupt her
earning capacity due to her need for second hip replacement surgery in twenty to twenty - five years — which will still be within her working life.
ICBC»S lawyer argued that there should be a cut off point with respect to damages, including diminished
earning capacity,
of seven and a half years
after the motor vehicle accident, and argued that an award
of only $ 94,500.00 should be awarded for diminished
earning capacity.
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.
«In the presence
of convincing evidence
of any measurable reduction in income
earning capacity it would be an error in law to dismiss the claim simply because income did not fall
after an injury.
Today, I want speak to those law students who will be returning to school
after spending the summer gaining some type
of professional legal experience, whether working for pay in some
capacity, completing an unpaid internship, or
earning law school credit as an extern.
The court will look at the relative resources and income -
earning capacity of both spouses, and the non-financial contribution made to the family, including contributions made by looking
after hearth and home, when deciding how to divide assets.