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Best Vancouver Personal Injury Lawyers

Best Vancouver personal injury lawyers

Best Vancouver Personal Injury Lawyers 604-602-9000

The best Vancouver personal injury lawyers know that an ICBC personal injury claim for wage loss has two parts:

  • loss of the ability to work fully or at all between the accident date and the date of trial or settlement (past wage loss)
  • and the inability to work fully or at all in the future (future wage loss)

is a key component of the highest ICBC injury settlement award.

Serious personal injury lawyers in Vancouver

Lorne MacLean, QC founder MacLean Personal Injury

Since past and future wage loss is such a huge part of the highest Vancouver personal injury award,  it really pays to hire  a lawyer who can move your case forward aggressively to a successful conclusion and smeone who is skilled at countering all of ICBC’s tactics.

The lawyers at MacLean Personal Injury will work with you to achieve the highest fair Vancouver personal injury award. Call us at 604-602-9000. We’ll meet with you for free to set up a plan for success.We are only paid at the end of your case when you obtain your settlement or trial judgment.

Best Vancouver Personal Injury Lawyers

Our best Vancouver personal injury lawyers know that some victims of a Vancouver personal injury and ICBC car accident claim use their brain to earn and living and others might use their brawn to support themselves and their families. Best Vancouver Personal Injury Lawyers will lead evidence showing the highest possible amount of wage loss. Top experts such as psychologists, psychiatrists, doctors including GP’s and specialists occupational therapists. Actuaries and vocational consultants all need to be marshaled to give their evidence effectively by the Best Vancouver Personal Injury Lawyers.

In a recent case involving a labourer who worked hard and used both his strength and endurance to make a successful career for himself as a landscaper, concrete labouerand insulation installer that allowed him and his family a good lifestyle. Our Best Vancouver Personal Injury Lawyers like the recent decision that focused on how a Vancouver personal injury impacts a worker who relies on his strength energy and endurance when he loses his ability to perform heavy labour in the middle of his career.

Best Vancouver Personal Injury Lawyers And Injured Labourer Wage Loss

Lampkin v. Walls from the BC Supreme Court provides a great summary of how injuries impact the career of a person who needs to be in top physical condition to continue their career successfully.

 

[184]     In Jurczak v. Mauro, 2013 BCCA 507, the court explained that while assessing an award for future loss of income is not purely mathematical, the court should use factual mathematical anchors as a starting foundation to quantify the future loss of income (at paras. 35-37).

[185]     In this case, there is a real and substantial possibility that Mr. Lampkin will suffer a loss in the future due to diminished income earning capacity arising from the accident. Mr. Lampkin’s only means of earning an income is through physically demanding occupations. Since acquiring his permanent resident status in Canada, Mr. Lampkin has only worked in jobs that rely upon his strength and physical endurance. Mechanical insulation, concrete labouring and landscaping all have high physical demands.

[204]     As a measure of Mr. Lampkin’s entitlement, the plaintiff refers to cases involving plaintiffs of a similar age who work in physically demanding professions and have suffered a loss of earning capacity as a result of similar injuries:

In Demedeiros v. Heinrichs, 2001 BCSC 1475, the plaintiff, a stone mason was injured in a motor vehicle accident, which resulted [in] an injury to the plaintiff’s back. The prognosis for further improvement was poor. The medical evidence confirmed that the Plaintiff would continue to experience chronic pain with occasional exacerbations. The Court found that the plaintiff’s back injury partially disabled him from his work as a stone mason. The Plaintiff was awarded $180,000 (Current value $232,866[footnote omitted])

[205]     In Thompson v. Choi, 2015 BCSC 1283, the plaintiff, a 44-year-old journeyman sheet-metal worker suffered injuries to his neck, shoulders and right knee in a motor vehicle accident. The court held that the plaintiff would continue to experience problems with his work, including heavy lifting, overhead work, prolonged kneeling, crouching and assuming awkward positions. The court held the following:

There is a realistic possibility he will experience flare-ups that may require downtime, occasional days off, and physiotherapy appointments. While he is likely to experience discomfort at work, through breaks, change of position, change of task and use of anti-inflammatory medication, he generally will be able to continue and complete the work, partly because has developed some pain tolerance (at para. 192).

[206]     The court held that the plaintiff would require some accommodation from future employers and his “injuries have rendered him less valuable to himself as a person capable of earning income in a competitive market” (at para. 192)  The Plaintiff was awarded $200,000 for his loss of future earning capacity.

[207]     Based on the foregoing examples, the plaintiff submits that an appropriate award of damages for loss of earning capacity is $225,000.

[208]     Mr. Lampkin has suffered a loss of his capacity to earn income. He is less marketable or attractive as an employee to potential employers, and has lost the ability to take advantage of all job opportunities which might otherwise have been open to him. Although concrete labour is his preferred area of work, he does not have an established history of earnings in that employment.

[209]     I therefore find that an award based on loss of a capital asset is appropriate in these circumstances. Mr. Lampkin stated:  “What I am good at is my strength”. His strength was his asset. His strength has been diminished as a result of the accident.

[210]     I therefore assess damages for loss of future income earning capacity at $175,000.

Best Vancouver Personal Injury Lawyers at MacLean Personal Injury will assess your injuries and how they impact your career. We’ll get the best medical treatment for you and the most powerful medical opinions supporting a maximum damage award for you. Call 604-602-9000. Our firm has offices in Kelowna, Surrey, Fort St John and Richmond as well as Vancouver.



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