Sentences with phrase «past wage loss»

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

Iannone stands for the proposition that the plaintiff has the burden of leading evidence of past wage loss and that it will be a difficult burden to discharge where there is no confirmatory evidence, such as income tax returns, to establish that the amount claimed would, in fact, have been earned.

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.

It is illogical to conclude that a plaintiff was injured and suffered past wage loss and special damages but did not sustain and pain, suffering, or loss of enjoyment, no matter how transient.

Assessing your wage loss, whether it is a simple calculation or an accumulated loss of business, the personal injury lawyers at Warnett Hallen will find the evidence and present a strong claim for past wage loss as part of your ICBC injury claim.

They assert this position to preserve an ability to argue the issue in another forum as counsel for the defendants otherwise concedes that this Court is bound by Iannone v. Hoogenraad (1992), 66 B.C.L.R. (2d) 106 (C.A.), leave to appeal dismissed [1992] S.C.C.A. No. 185, which holds that failure to declare tip income is no bar to the recovery of undeclared tips as past wage loss.

During the approximately three months for which the plaintiff claims past wage loss, he could have attended physiotherapy and massage sessions.

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

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.

The plaintiff claimed general damages, past wage loss, an in trust claim, cost of future care, and loss of earning capacity.

In awarding $ 125,000 for past wage loss, the Court held that:

ICBC also argued that the Plaintiff should not be awarded any past wage loss because she simply chose to work half - time due to her two young children, one of whom was diagnosed with Autism shortly after the accident.

With regards to past wage loss, we argued that our client should be awarded an amount that falls between his actual earnings before the Accident and the higher average wage for a tile setter, with which the Court agreed as follows:

Mr. Calder agrees the plaintiff is only entitled to net past wage loss but argues that the award to replenish the sick bank is the gross amount of past wage loss, not the net amount.

• 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 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.

If you are injured through the fault of another motorist in BC and advance a tort claim with ICBC can you receive damages for future wage loss even if you have sustained no past wage loss by the time of settlement or trial?

Counsel for the Plaintiff further argued that the failure to mitigate argument advanced by ICBC»S lawyer only pertained to past wage loss.

A jury found both parties equally to blame and after factoring the liability split awarded the Plaintiff $ 10,000 for past wage loss and special damages.

In the Supreme Court of Canada decision in Cooper v. Miller, 1994 1 SCR 359, the issue again was whether wage loss payments under an insurance program offered as an employment benefit to unionized employees pursuant to a collective agreement could be deducted off a past wage loss award.

An award for special damages and past wage loss and no award for non-pecuniary damages have repeatedly been characterized in all the relevant case law as a «conflict» and an «inconsistent result».

In these circumstances, the employment insurance benefits would not be deductible from a past wage loss claim.

In Ladret v. Stephens, the Plaintiff was injured in a t - bone motor vehicle collision, and consequently brought an ICBC claim for damages for pain and suffering, past wage loss, diminished earning capacity, loss of housekeeping capacity, cost of future care, and out of pocket expenses.

Fortunately, when you receive a settlement from ICBC, even if it is partly for past wage loss, you do not have to pay any taxes.

The various heads of damages are available in more severe injury claims but in minor claims, you are generally only looking at non-pecuniary damages, past wage loss and out - of - pocket expenses.

It should be noted that, contrary to what ICBC may tell you, these benefits are generally not deductible from the past wage loss claim.

Any promotions or pay raises that you would have received, but for the accident, can also be compensated if they are factored into the past wage loss claim.

For Saunders J.A., the evidence of the appellant's work colleagues, combined with his own, would support the claim for past wage loss and the possibility of a claim for future wage loss on the «capital asset approach» (à la Brown v. Golaiy (1985), 1985 CanLII 149 (BC SC), 26 B.C.L.R. (3d) 353 (S.C.)-RRB-.