MacLean Law’s Personal Injury Lawyers Vancouver team will steadfastly fight for a Vancouver ICBC injury victim’s right to the highest fair compensation. Meet with us for free to get an assessment of your claim and to work with us to create a powerful plan to get the highest fair damage settlement.
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In today’s BC Court of Appeal decision the Vancouver personal injury victim was injured in two motor vehicle accidents and in each crash the impacts caused the aggravation of a degenerative condition in his neck and back that impacted his work and other activities. A total of $186,251 was awarded. The defence counsel appealed saying the award was wrong and the damages too high. The BC Court of Appeal disagreed and upheld the award.
MacLean Law’s Personal Injury Lawyers Vancouver team like the BC Court of Appeal’s explanation in Ali v. Glover for the damages suffered by the Plaintiff that made him suffer a loss of earning capacity:
Loss of Earning Capacity Mr. Ali’s case for damages for a loss in his earning capacity was based on the injury to his back precluding him from finding employment that would otherwise be available to him should the need arise. The company for which he has worked for over 20 years has made adjustments to accommodate his limitations such that he does not do much of the “heavy lifting” that he once did, but for one reason or another his employment may be reduced in terms of the work available that he can do or be terminated altogether. His loss is essentially one of a capital asset in that, because of his injury, he is less capable of earning income from all types of employment, less marketable, less able to take advantage of all employment opportunities which, save for his injury, may have been available to him, and less valuable to himself as an income earner, all as discussed in Brown v. Golaiy (1985), 26 B.C.L.R. (3d) 353 (S.C.). The judge concluded:  I am satisfied the plaintiff has proven there is a real and substantial possibility of loss of income earning capacity in the future. He has an accommodating employer but she may retire and sell or reduce his wage to one commensurate with the hours he is working on set up and supervising and not allow him to draw on a dwindling overtime bank. If he loses his job he is less valuable to himself and potential employers because he is not fully able to do physical work.  The appellants do not challenge the judge’s determination of the quantum of the award; they contend that no loss has been proven. They maintain the judge’s conclusion is based entirely on speculation that Mr. Ali may not be able to continue working in his present capacity earning the salary he is paid. But the fact remains, Mr. Ali’s marketability has been impaired by the injury he suffered; he is not capable of doing heavy physical work so some employment that would otherwise be available to him is now foreclosed. The judge made no fundamental error in concluding, as she did, there was a real and substantial possibility of Mr. Ali being able to earn less income in the future and giving what amount to examples of why there is no assurance Mr. Ali will always be employed as he is earning the income he does. What is said to be speculation devoid of evidentiary support is largely a matter of common sense.
Our MacLean Law’s Personal Injury Lawyers Vancouver team members will ensure that you do not accept the defence position that they are not liable, if they are liable, you were not hurt and if you were hurt then your injuries are minor.
Our skilled MacLean Law’s Personal Injury Lawyers Vancouver team knows how to persuade ICBC and defence adjustors and lawyers of the validity of your claim and the reasonableness of the damage award we seek on your behalf.
Studies show the awards received by injured Vancouver ICBC car crash victims are far higher when they have capable senior counsel representing them.