18 Jul LOSS OF FUTURE EARNING CAPACITY

Posted at 08:00h in News by Acheson Sweeney Foley Sahota

If you have been injured in an accident, your injuries may affect your ability to work in the future.  Whether or not a Plaintiff has suffered a future loss of earnings as a result of his or her injuries is often the biggest dispute between a Plaintiff and ICBC.

In Castro v. Krause, 2015 BCSC 2074, the 54 year old Plaintiff was involved in two motor vehicle accidents, in 2010 and 2012. The Plaintiff developed chronic pain as a result of these accidents.

Prior to the first accident, the Plaintiff was working 33 hours per week as a server at Denny’s restaurant.  She had completed a diploma course that qualified her to become a health care aide. The Plaintiff testified at trial that she took the diploma course so she could find a position which paid more. She left Denny’s just before the second accident due to a shortage of hours.  After the second accident, her family physician concluded that she could not do the heavy lifting required of a health care aide.

With respect to future loss of earnings, the Plaintiff submitted that she would have become a health care aide and earned more income had the accidents not occurred. ICBC argued that there was no evidence that the Plaintiff would have earned more money as a health care aide.  ICBC also argued that the Plaintiff was working 33 hours per week before the first accident and was now working 30 to 34 hours per week as a dietary aide.

The judge agreed with the Plaintiff and found that:

  1. The Plaintiff had been rendered less capable overall from earning income from all types of employment;
  2. The Plaintiff was less marketable or attractive as an employee to potential employers;
  3. The Plaintiff had lost the ability to take advantage of all job opportunities which might otherwise have been open to her, had she not been injured; and
  4. The Plaintiff was less valuable to herself as a person capable of earning income in a competitive labour market.

The judge awarded the Plaintiff $37,500 for loss of future earnings and $72,000 for pain and suffering.

Proving a loss of future earning capacity can be complex.  At Acheson Whitley Sweeney Foley, we have the expertise to do this for you.