When a person has suffered an injury of a significant
magnitude there is often a claim for loss of future
earning capacity.
In making an award for loss of future earning capacity,
the Courts in British Columbia recognize the loss of a
chance for that person to earn future income. In order
to make such an award, the Court requires proof of what
the claimant would have gone on to earn in future years
had the accident not occurred. This claim is often
analyzed by the Courts as a loss of an asset, and the
means by which the value of the lost or impaired asset
is to be assessed varies from case to case.
Some of the considerations taken into account in making
an assessment includes whether: |
 |
1. The Person has been
rendered less capable overall from earning income from
all types of employment;
2. The
Person is less marketable or attractive as an employee
to potential employers;
3. The Person has lost the
ability to take advantage of all job opportunities which
might otherwise have been open to him or her, had he or
she not been injured; and
4. The Person is less valuable
to himself or herself as a person capable of earning
income in a competitive labour market.
At RDM Lawyers, our lawyers are
experienced in identifying and properly presenting a
claim for loss of future earning capacity. Often, we
will enlist the services of medical and actuarial
experts to enable us to formulate and present a
realistic picture of your claim for loss of earning
capacity. |
