YOU AND THE LAW® YOUR LOSS OF INCOME CLAIM IS PROTECTED Recent new rules put a $5,500 cap on the pain and suffering compensation you can get for "minor injuries" from car accidents. But these new rules don't limit the Before the accident, Mandy saw about 11 or 12 patients a week. By the time of the court hearing, she was working at about the same level. But she found the work more exhausting due to her pain and functional limitations from the accident. She could no longer do deep-tissue massages, and her clientele was limited to women. amount of compensation you're entitled to receive for many other kinds of losses stemming from car accidents. For example, say the injuries you suffered affect your ability to make a living. You're still entitled to full compensation from the person who caused the accident for your past income loss plus your impaired future earning ability. The defence argued that, since Mandy was now working as much as before, she shouldn't get any compensation for less future earning capacity than before. But the court disagreed. It decided Mandy had proved that her future income earning capacity had been reduced by the accident. There was a real and substantial possibility that she'd suffer a financial loss due to her accident impairments. The aim of this compensation is to put you back in the same financial position as if the accident had not happened. A recent case offers an illustration. The court pointed out that the income she might have earned if she wasn't hurt in the accident, and what Mandy (not her real name), 59 at the time of the court hearing, had stopped her car on a highway on Vancouver Island to let a deer pass. Unfortunately, she was rear-ended. She sustained whiplash-type soft-tissue injuries which caused her headaches and neck, upper back and shoulder pain. would happen now going forward, was uncertain and hypothetical the court had to consider both positive and negative eventualities. On the evidence, the court awarded Mandy $55,000 for her past earnings loss and $63,688 for her reduced future earning capacity. The driver who caused the accident admitted fault, and so the court needed to decide on compensation for Mandy. There are many other types of claims, apart from loss of earning capacity, where the new rules don't limit compensation awards. If you're the victim of a car accident, seek legal help promptly to protect your rights. Mandy worked as a registered massage therapist - a physically demanding occupation that typically involved giving hour-long treatments. She controlled her own work load, since massage therapists were in short supply. This column provides information only and must not be relied on for legal advice. Please call Marvin Geekie at 250-861-5678 (for your free, no obligation, initial consultation) Initially, Mandy had to take some time off work due to the accident. By the time of the court hearing more than four years later, she had improved. But, despite physiotherapy and other treatments, she still had ongoing neck, upper back and shoulder problems that restricted her range of motion. Occasional flare-ups made things worse. Medically, she wasn't likely to improve further. Written by Janice and George Mucalov, LL.B.s with contribution by Marvin Geekie. "You and the Law" is a registered trademark. © Janice and George Mucalov. MARVIN GEEKIE DAVID YEREMA SalloumWatts sw Personal injury Law 200 - 1455 Ellis Street Kelowna, BC, V1Y 2A3 Ph: (250) 861-5678 ext.111 mgeekie@swylaw.com, www.salloumwatts.com YOU AND THE LAW® YOUR LOSS OF INCOME CLAIM IS PROTECTED Recent new rules put a $5,500 cap on the pain and suffering compensation you can get for "minor injuries" from car accidents. But these new rules don't limit the Before the accident, Mandy saw about 11 or 12 patients a week. By the time of the court hearing, she was working at about the same level. But she found the work more exhausting due to her pain and functional limitations from the accident. She could no longer do deep-tissue massages, and her clientele was limited to women. amount of compensation you're entitled to receive for many other kinds of losses stemming from car accidents. For example, say the injuries you suffered affect your ability to make a living. You're still entitled to full compensation from the person who caused the accident for your past income loss plus your impaired future earning ability. The defence argued that, since Mandy was now working as much as before, she shouldn't get any compensation for less future earning capacity than before. But the court disagreed. It decided Mandy had proved that her future income earning capacity had been reduced by the accident. There was a real and substantial possibility that she'd suffer a financial loss due to her accident impairments. The aim of this compensation is to put you back in the same financial position as if the accident had not happened. A recent case offers an illustration. The court pointed out that the income she might have earned if she wasn't hurt in the accident, and what Mandy (not her real name), 59 at the time of the court hearing, had stopped her car on a highway on Vancouver Island to let a deer pass. Unfortunately, she was rear-ended. She sustained whiplash-type soft-tissue injuries which caused her headaches and neck, upper back and shoulder pain. would happen now going forward, was uncertain and hypothetical the court had to consider both positive and negative eventualities. On the evidence, the court awarded Mandy $55,000 for her past earnings loss and $63,688 for her reduced future earning capacity. The driver who caused the accident admitted fault, and so the court needed to decide on compensation for Mandy. There are many other types of claims, apart from loss of earning capacity, where the new rules don't limit compensation awards. If you're the victim of a car accident, seek legal help promptly to protect your rights. Mandy worked as a registered massage therapist - a physically demanding occupation that typically involved giving hour-long treatments. She controlled her own work load, since massage therapists were in short supply. This column provides information only and must not be relied on for legal advice. Please call Marvin Geekie at 250-861-5678 (for your free, no obligation, initial consultation) Initially, Mandy had to take some time off work due to the accident. By the time of the court hearing more than four years later, she had improved. But, despite physiotherapy and other treatments, she still had ongoing neck, upper back and shoulder problems that restricted her range of motion. Occasional flare-ups made things worse. Medically, she wasn't likely to improve further. Written by Janice and George Mucalov, LL.B.s with contribution by Marvin Geekie. "You and the Law" is a registered trademark. © Janice and George Mucalov. MARVIN GEEKIE DAVID YEREMA SalloumWatts sw Personal injury Law 200 - 1455 Ellis Street Kelowna, BC, V1Y 2A3 Ph: (250) 861-5678 ext.111 mgeekie@swylaw.com, www.salloumwatts.com