Car Accident Injury Lawyers in Vancouver help you maximize your ICBC injury settlement for pain and lost wages. Call MacLean Injury Law now at 604-602-9000. We have 5 offices across BC in Vancouver, Surrey, Kelowna, Fort St John and Richmond.
Car Accident Injury Lawyers in Vancouver
Our tenacious and no nonsense ICBC Car Accident Injury Lawyers in Vancouver help people recover the highest fair personal injury money settlements and if ICBC isn’t being reasonable we will not hesitate to proceed to court. In the most recent BC Court of Appeal win for our satisfied client a new trial was ordered based on our arguments the trial judge had not followed the proper steps in assessing liability and quantum on a brain injury case. If you need experienced Car Accident Injury Lawyers in Vancouver to help you get justice pick up the phone or click here.
Car Accident Injury Lawyers in Vancouver Explain Future Wage Loss
Loss of Future Earning Capacity There are two approaches in the court to assess loss of future earning capacity. Those were recently stated in Smith v. Moshrefzadeh, 2012 BCSC 1458, at paras. 80-81:  The recent jurisprudence of the Court of Appeal affirms that the plaintiff must demonstrate both an impairment to his or her earning capacity, and that there is a real and substantial possibility that the diminishment in earning capacity will result in a pecuniary loss. If the plaintiff discharges that requirement, he or she may prove the quantification of that loss of earning capacity, either on an earnings approach or a “capital asset” approach: Perren v. Lalari, 2010 BCCA 140 at para. 32. Regardless of the approach, the Court must endeavour to quantify the financial harm accruing to the plaintiff over the course of his or her working career: Pett v. Pett, 2009 BCCA 232 at para. 19; X. v. Y. at para. 183.  As enumerated by the Court in Falati v. Smith, 2010 BCSC 465 at para. 41, aff’d 2011 BCCA 45, the principles which inform the assessment of loss of earning capacity include the following:
(1) The standard of proof in relation to hypothetical or future events is simple probability, not the balance of probabilities: Reilly v. Lynn, 2003 BCCA 49 at para. 101. Hypothetical events are to be given weight according to their relative likelihood: Athey at para. 27.
(2) The Court must make allowances for the possibility that the assumptions upon which an award is based may prove to be wrong: Milina v. Bartsch (1985), 49 B.C.L.R. (2d) 33 at 79 (S.C.), aff’d (1987), 49 B.C.L.R. (2d) 99 (C.A.). Evidence which supports a contingency must show a “realistic as opposed to a speculative possibility”: Graham v. Rourke (1990), 75 O.R. (2d) 622 at 636 (C.A.).
(3) The Court must assess damages for loss of earning capacity and not calculate them mathematically: Mulholland (Guardian ad litem of) v. Riley Estate (1995), 12 B.C.L.R. (3d) 248 at para. 43. The overall fairness and reasonableness of the award must be considered: Rosvold v. Dunlop, 2001 BCCA 1 at para. 11. The assessment is based on the evidence, taking into account all positive and negative contingencies. Lost opportunity or loss of earnings was also considered recently by Justice Greyell set out in Simmavong v. Haddock, 2012 BCSC 473 at para. 95:
 A claim for loss of future earning capacity raises two key questions:
(1) has the plaintiff’s earning capacity been impaired by his or her injuries; and, if so,
(2) what compensation should be awarded for the resulting financial harm that will accrue over time? The court must look at the “likely future of the plaintiff if the accident had not happened [and] the plaintiff’s likely future after the accident has happened”: Rosvold v. Dunlop, 2001 BCCA 1 at para. 11, the court held:  … The valuation may involve a comparison of the likely future of the plaintiff if the accident had not happened with the plaintiff’s likely future after the accident has happened. [emphasis added]  Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 32; Ryder v. Jubbal,  B.C.J. No. 644 at para. 8.
The MacLean Law Car Accident Injury Lawyers in Vancouver help you recover financially so you can focus on getting well and hopefully to a full recovery. If you can’t return to where you were before the accident then we’ll help make you whole financially. It’s not about the money, it’s about justice THEN it’s about the money.
Call us toll free across BC 1-877-602-9900 immediately when safe to do so.