[21] I agree with the principles advanced by Mr. Ostrikoff; however, it remains true that it is for the plaintiff to prove a claim for
past loss of earning capacity on a balance of probabilities, and that an award must keep in touch with the evidence before the court.
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 when a vehicle crashed into it.
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 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 reading →
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.
In this car accident personal injury case the claim for
past loss of earning capacity was dismissed as speculative.
Not exact matches
An assessment
of loss of both
past and future
earning capacity involves consideration
of hypothetical events.
However, the Judge found that Dr. Sovio did not address the chronic nature
of the injury and awarded the claimant $ 75,000.00 for pain and suffering, $ 75,000.00 for reduced
earning capacity, $ 22,000.00
past income
loss and out
of pocket expenses
of $ 1,533.00.
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.
The breakdown:
Past Economic and Non-economic damages: $ 0.00; Future Medical Bills: $ 55,000.00;
Loss of Future
of Earning Capacity: $ 1,300,000; Future Non-economic damages: $ 750,000.00.
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.
•
Past and future medical expenses •
Past and future wage
loss • Lost earning capacity • Loss of financial benefits • Pain and suffering • Loss of consortium claim by your sp
loss • Lost
earning capacity •
Loss of financial benefits • Pain and suffering • Loss of consortium claim by your sp
Loss of financial benefits • Pain and suffering •
Loss of consortium claim by your sp
Loss of consortium claim by your spouse
A seaman may also seek compensation for economic
losses such as
past wage
loss and
loss of future
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 following is just a sample
of some
of the considerations to be taken into account: The severity
of the physical and emotional injuries suffered; whether the injuries suffered are permanent; the amount
of the case related medical bills and
past lost wages; whether and to what extent the injured party will require future medical care; whether and to what extent there will likely be future lost wages or future
loss of earning capacity; and whether there is any permanent disfiguring scarring; how quality
of life and relations with loved ones has been impaired.
Economic damages that may be recovered include medical and hospital bills,
past wage
loss, future
loss of earning capacity, services replacement expenses and other out
of pocket financial burdens.
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.
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.
This includes
past and future medical expenses,
past and future wage
loss, the cost
of hiring someone to do household work if a plaintiff is unable to do that work due to injuries, and
earning capacity.
... a claim for what is often described as «
past loss of income» is actually a claim for
loss of earning capacity; that is, a claim for the
loss of the value
of the work that the injured plaintiff would have performed but was unable to perform because
of the injury.
•
Past medical expenses • Future medical expenses •
Past wage
loss • Future loss of earnings • Loss of earning capacity • Emotional trauma • Pain and suffering • Loss of consortium • Punitive damages in some c
loss • Future
loss of earnings • Loss of earning capacity • Emotional trauma • Pain and suffering • Loss of consortium • Punitive damages in some c
loss of earnings •
Loss of earning capacity • Emotional trauma • Pain and suffering • Loss of consortium • Punitive damages in some c
Loss of earning capacity • Emotional trauma • Pain and suffering •
Loss of consortium • Punitive damages in some c
Loss of consortium • Punitive damages in some cases
These may include — but are not limited to —
past wage
loss and
loss of future
earning capacity,
past and future
loss of fringe benefits, physical disfigurement, physical pain and suffering.
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.
The Court saw merits in both Plaintiff counsel's and ICBC»S lawyer's arguments, and would eventually award the Plaintiff $ 80,000.00 gross for
loss of past earning capacity.
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.
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.
The reason for this is that the «value»
of your claim will depend upon the extent
of your injuries, the length
of treatment required, the involvement
of specialist medical intervention, the
loss of income (both
past and future), the
loss of earning capacity (if the
loss of future income can not be calculated easily), the cost
of future care, and cost / expenses that you have and will suffer into the future.
Loss of past income /
earning capacity if you have been unable to work because
of your injuries, or if you have lost income because
of some limitation at work
Potential damages may include
loss of past income and
earning capacity, and the cost
of future care.
If you have been hurt by someone else's negligence, you can receive compensatory damages, including economic
losses for
past and future medical expenses,
loss of wages and impaired
earning capacity, plus non-economic damages for
past and future pain and suffering, disability, disfigurement and lost enjoyment
of life.