Helping understand loss
of earning capacity claims in BC in today's personal injury case the claimant was a passenger when a row of cars stopped at a red traffic light.
In these circumstances is it fair to award the woman less damages in a personal injury lawsuit for
diminished earning capacity (future wage loss)?
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.
This doesn't include your cost of living for the period of
reduced earning capacity during your residency or other ancillary expenses.
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.
Lost earnings also fall under special damages, and may include lost
earning capacity if you will never be able to return to work.
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.
Your attorney may retain an economic expert to determine the value of your diminished
earning capacity over the course of your lifetime.
70 per cent of the loss of
earning capacity during that period, as determined in accordance with the regulations, in any other case.
Additionally, if you can no longer return to work at the same capacity, you could have a reduced
earning capacity claim worth millions of dollars.
The court's goal in awarding maintenance is to help a spouse with
lower earning capacity to achieve financial independence.
It may be unjust for one spouse to leave the marriage with a substantially
greater earning capacity than the other spouse.
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.
In wrongful death actions, damages including medical bills, funeral bills, lost
lifetime earning capacity, and pain and suffering can be recovered.
In either case, the injury also resulted in the loss of future wages since you no longer have the
same earning capacity.
You can also seek compensation for any wages that you lost as a result of the accident and any reduction in your
overall earning capacity stemming from permanent injuries and disabilities.
Whichever spouse has
lesser earning capacity and less property may be entitled to a bigger share of the marital property, because the other spouse will have an easier time making a fresh start.
I conclude that the plaintiff has suffered a loss of
earning capacity equivalent to 20 % of the lifetime earnings of an average female lawyer.
This is especially true when a person has suffered a disability at a young age when he may not have had much time to
demonstrate earning capacity before the debilitating accident occurred.
The loss of
earning capacity amount claimed by our client was disputed by the insurance company's expert, but was proven to be accurate.
There's also compensation available for any permanent injuries or loss of
earning capacity caused by resulting injuries.
We will help you to determine your spouse's reasonable needs and explore their
own earning capacity.
It is submitted that the most significant change (in terms of quantum) that the 6th edition introduced was the markedly lower residual
earning capacity figures it produced.
This is to reinforce your financial condition which would be impacted by the lack of income
earning capacity owing to the critical illness.
But in general, you may be able to seek financial compensation for past and future medical costs, past and future wage losses, and
diminished earning capacity.
For example, a husband would lose both his wife's
earning capacity as well as her companionship, and both are grounds for receiving compensation.
In some cases, orthopedic injuries result in permanent clinical impairment and loss of future
income earning capacity.
Damage is primarily physiological, with reduced life expectancy,
reduced earning capacity, and reduced family stability resulting.
Compensation may include pain and suffering, past and future medical expenses, wage loss, and reduction in
future earning capacity.
In this case, your attorney may consult an economic expert who can determine the value of your diminished or
lost earning capacity over the course of your life.
In addition, if you are unable to perform the essential duties of your job because of an injury, you may be able to receive compensation for your
decreased earning capacity.
Major differences in power — financial or emotional — between spouses may complicate matters, such as where one spouse has a much
greater earning capacity.