YOU AND THE LAW® ITS TRICKY FIGURING OUT FUTURE INCOME LOSS FROM ACCIDENT A car accident can cause different kinds of losses; one income loss came to about $298,000 loss may be your reduced future earnings capacity. The court must try to assess this to fairly compensate you. A recent B.C. Supreme Court case had to grapple with such judgment, not simply a mathematical exercise. It The court emphasized the assessment is a matter of quires estimating future probabilities, possibilitie contingencies and risks, when comparing Keith's working an assessment. Keith, 19 and in excellent physical condition, was riding future now with what it would have been if the accident his bicycle through an intersection when he was hit byhadn't happened. Once Keith had proved there was a Carla's left-turning car (names changed). Carla a fullyreal and substantial possibility his future income earning ility had been reduced, which he did, the court then has to quantify the loss taking these future eventualities at fault for the accident The trial took place three-and-a-half years after thento account. Here, the B.C. Supreme Court outlined ccident. By then, Keith had fully recovered from many various approaches courts use to quantify the financial of his injuries. But some injuries and his shoulder, hipharm of the injured person's reduced earning ability nd neck pain when he performed certain tasks weredepending on each unique situation. They all have th chronic and unlikely to ever improve much. They would common aim of putting the accident victim in the same prevent him altogether from doing certain kinds of work financial position as if the accident had not occurred. future, like the heavy physical labour of his last job. And they left Keith with limitations even when it came to office work. This meant he would no longer be able to do the shipyard work he used to, which involved lifting heavy loads plus som any future job or career to work the same long hours as this case, the court concluded that Keith's future annual earnings over his working life would be about $10,000 per year or 13% less than before. This amounted to roughly $300,000 in terms of present day money. After subtracting $75,000 (as Keith had started university earlier than he would have otherwise), the court awarded him $225,000 for his reduced future earnings capaci ed work As well hed likely not be able in hi 225000 for his reduced future earnings capacity. he could before the accident, despite his good work ethicIf vou're injured in a and diligent efforts at rehabilitation afterwards, He al couldn't type or take notes like before. This impacted his university studies and would affect any office work hed be doing going forward. He would also probably always have difficulty with office activities where hed have to maintain a fixed posture for an extended period. personal injury lawyer to help you receive the compensation you're entitled to. This column provides information only and must not be relied on for legal advice. Please call Stephen W. Turner at 250-868-8801 for your free, no obligation, initial consultation Written by Janice and George Mucalov, LL.B.s with contribution by Stepben W Turne Lauyer Janice Mucalov The defendant argued there was no loss of earning ability (that Keith could earn more at office work), or at mosts it was worth some $54,000. Keith claimed his future an auard-winning legal uriter "You and the Law is a registered trademark. Janice and George Mucalou STEPHEN TURNER LAW ICBC CLAIMS, DON'T GET HURT TWICE 50.868.8801 , Personal Injury Law Call For Free Initial Consultation 508 Doyle Ave., Kelowna law@stephenturnerlaw.