In ICBC personal injury cases, BC courts are faced with the difficult task of assessing future income loss while keeping the total amount of damages within a reasonable estimate.
- Future Income Loss
- Loss of Earnings Capacity
- Loss of Capital Asset
- Future Event Leading to an Economic Loss
Past cases give insight into the matter and guide lawyers on how to direct the court in determining the loss.
Proof and Evidence
The Plaintiff must prove that his/her financial earnings would be negatively affected by the injury. They might not be as productive and therefore suffer a loss in earning ability or capacity. This might include establishing the earning potential of a person if he/she did not suffer the injury. This is especially true for injured persons facing long term disabilities that prevent them from obtaining future employment. In the case of people who are not able to work at the same pace or working hours as before the injury, this would translate into a potential future loss of income.
In Perren v. Lallari, 2010 BCCA 140, the BC Court of Appeal was dealing with a woman who was claiming a loss of earning capacity because she was not able to meet the physical demands of some jobs thus limiting her job options. It was found that she was holding a managerial position before and after the injury. The Court thus determined that her physical injury did not translate to loss in future earnings since her current position paid more compared to physically demanding jobs.
Calculating the Loss
If the Plaintiff is able to prove to the court that there indeed is a loss of earning capacity then the next step is to determine the amount of damages…
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Perminder Tung
Partner in Personal Injury and ICBC Car Accident Litigation
Lindsay Kenney LLP – Langley Office