YOU AND THE LAW® COMPENSATION FOR "DIMINISHED EARNING CAPACITY" If you're hurt in an accident, determining the rightclosed to him in future, he was entitled to something compensation is never easy. If the matter goes to court, fo his diminished earning capacity, which the Court of the judge must assess and weigh your testimony and theAppeal said should be $150,000 evidence of doctors and "actuarial" experts (who testify about your potential future lost income) to arrive More recently, the Court of Appeal dealt with the case of sum of money that best compensates you for your losses Eileen, 22 at the time of her accident. She was a jogger who suffered a head injury when struck by a cab in That task can be more difficult if you ca workVanuver. despite some residual problems. Even if you'll likely earn s much as you could have if you hadn't been injured T you may s be entitled to some compensation for your"subtle, something that would not be noticed by a person impairment. Why? Because some occupations might be who met her casually, and vet it restricts or prevents her closed to you, and it may be impossible to say that yourfunctioning at the higher level she was once capable of" impairment won't harm your future ncome earnngWhile there was still a real possibility she could pursue ability The trial judge described her permanent head injury a masters degree at university as originally planned, she probably would no longer be able to advance to a Consider the case of John (all names changed here). senior management level in her chosen field because of He was broadsided by another vehicle. His symptoms te limitations imposed by her brain injury. The trial suggested he suffered a fracture at the base of his skjudge assessed her loss of diminished earning capacity at (often these fractures can't be seen by an X-ray) in$500,000, which the Court of Appeal upheld. addition to a lot of soreness and bruising, but he didnt experience any brain dama Determining earning capacity isn't a precise science. But having a good the proper compensation for diminished Before the accident, John, 31, worked as a Safeway clerk lawye will go along way to helping you receive a fair amount. and would have earned a total wage/benefit package of $42,000 a year. But while he tried to go back to work after the accident, he couldnt handle the heavy work. He found a job instead as a stereo installer making $12,000 a year, with the possibility of earning up to $19,000 a year 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. The BC Court of Appeal said John had established that hed lost his capacity to follow the sort of occupationWritten by Janice and George Mucalou, LL.B.s with he was doing at the time of the accident. But that didn't cution by Stephen W. Turner Lauyer Janice Mucalov prove that he couldnt earn as much as before by pusuingis an award-winning legal writer. "You and the Law" is a some other sort of job. Sl because some jobs would be registered trademark. O Janice and George Mucalov STEPHEN TURNER LAW Personal Injury Law ICBC CLAIMS, DON'T GET HURT TWICE 50.868.8801 , Call For Free Initial 508 Doyle Ave., Kelowna law@stephenturnerlaw.ca Consultation