16 Feb Award For Loss of Future Earnings Despite Minimal Past Wage Loss

When a person is injured in an accident, their ability to work may be affected.  How much they are affected will vary from case to case, depending on the circumstances.  Sometimes an injured person will continue to work but in a limited or changed capacity.  Other times the injuries prevent a person from returning to work at all.

In Ali v. Rai, 2015 BCSC 2085, the Plaintiff was involved in two motor vehicle accidents. As a result of the accidents, he developed a chronic back injury.  He continued to experience chronic back pain at the time of trial, more than 4 years after the first accident.  The judge found that his back injury affected all aspects of his life and awarded him $60,000 for pain and suffering.

As in many personal injury cases, the biggest dispute between the Plaintiff and ICBC was whether the Plaintiff would suffer a future loss of earnings as a result of his injuries. Following the accidents, the Plaintiff’s role at work evolved from heavy lifting and operating machinery to a supervisory and training role. Since he continued to work, albeit in another role, he did not suffer any wage loss between the date of the accidents and the trial. ICBC argued that this would continue because he had an accommodating employer. The Plaintiff argued that if his employer sold her business in the future or reduced his hours, he would be less valuable to other potential employers because of his inability to do physical work.

The Judge agreed with the Plaintiff.  He was satisfied that the Plaintiff had proven a real and substantial possibility of future loss of income and awarded him $110,000 for this head of damage.

If you have been injured, it might seem obvious to you that your injuries will affect your future job prospects.  However, you still have to prove this in court.  At Acheson Whitley Sweeney Foley, we have the expertise to help you do this.

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