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Surrey ICBC Wage Loss Claim

Injured in an accident and suspect the driver was under the influence of drugs? Call the experienced team at MacLean Personal Injury Law.

Surrey ICBC Wage Loss Claim Explained by Top MacLean Personal Injury Lawyers

Our Surrey ICBC wage loss claim team noted an interesting recent case case involving a Surrey ICBC wage loss claim involving a woman who suffered neck, back and shoulder pain, the experts from both parties opine that the plaintiff suffers from psychological problems caused by the 2011 accident. The parties could not agree on the severity of the symptoms nor the proper amount of damages the plaintiff suffered with respect to her Surrey ICBC wage loss claim. Past and future income loss combine to form the basis for any Surrey ICBC wage loss claim and it’s important you have proper legal counsel to maximize the money award you receive.

Our top Surrey ICBC wage loss claim lawyers are ready to meet with you for free at any of our 4 offices across BC located in Surrey, Kelowna, Vancouver and Fort St John BC. Call us toll free at 1-877-602-9900.

Hire Our Skilled Surrey ICBC Wage Loss Claim Lawyers Right Away

Our skilled and experienced team of Surrey ICBC wage loss claim lawyers will help you right after the accident properly develop your Surrey ICBC wage loss claim case to ensure you receive the highest monetary damage settlement.

Surrey ICBC wage loss claim

Spencer MacLean Surrey ICBC wage loss claim and Vancouver injury lawyer

Recent Surrey ICBC Wage Loss Claim Case Explains Law

When you are out of work you and your family both suffer financially so it’s critical you have a top team of Surrey ICBC wage loss claim lawyers on your side such as any one of the skilled lawyers at MacLean Personal Injury.

An ICBW Wage loss or income loss claim involves losses while injured and being unable to work and future wage loss for being less able to work or being unable to ever work again.

Lost income can include:

  • Lost wages for the period during which you could not work due to the accident.
  • Lost earning capacity if you sustain a long-term injury from the accident  that disables you so you cannot make as much money as you did before the accident.
  • Lost opportunities, such as missing schooling or apprenticeships and training or even a  job interview while you are recovering from the injury

The BC Supreme Court Judge took the opportunity to provide a cogent explanation of how the law works with respect to a Surrey ICBC wage loss claim.

[59]         A claim for past loss of earnings is for the loss of earning capacity or the loss of the value of the work that the plaintiff would have performed but was unable to perform because of the injury (Rowe v. Bobell Express Ltd., 2005 BCCA 141, at para. 30).

[60]         It seems clear that it is the loss of earning capacity rather than the loss of actual income, although the loss of income can be a way to measure loss of capacity. This is described in Personal Injury Damages in Canada at p. 205-06 as follows:

… The essence of the task under this head of damages is to award compensation for any pecuniary loss which will result from an inability to work. “Loss of the value of work” is the substance of the claim – loss of the value of any work the plaintiff would have done but for the accident but now will be unable to do. The loss framed in this way may be measured in different ways. Sometimes it will be measured by reference to the actual earnings the plaintiff would have received; sometimes by a replacement cost evaluation of tasks which the plaintiff will now be unable to perform; sometimes by an assessment of reduced company profits; and sometimes by the amount of secondary income lost, such as shared family income.

[Emphasis in original.]

[61]         The majority of the Court of Appeal in Rowe also adopted the following from an Australian decision (Arthur Robinson (Grafton) Pty Ltd. v. Carter (1968), 122 C.L.R. 649, at p. 658, [1968] H.C.A. 9):

The respondent is not to be compensated for loss of earnings but for loss of earning capacity. However much the valuation of the loss of earning capacity involves the consideration of what moneys could have been produced by the exercise of the respondent’s former earning capacity, it is the loss of that capacity, and not the failure to receive wages for the future, which is to be the subject of fair compensation. In so saying, I realize that many statements may be found in the reported cases where loss of earnings has been the description of this element in special damages. But I do not find that in these it was necessary to consider or draw the distinction between the loss of earnings and the loss of earning capacity. But where in Australia attention has been drawn to the distinction, authoritative expressions with which I respectfully agree have indicated that it is loss of earning capacity and not loss of earnings that is to be the subject of compensation. But though this is I think the recognized position in Australia, the wages which would have been earned between the receipt of the injury and the date of trial are somewhat illogically, as I think, calculated and treated as special damages. In my opinion, it would be better that they should not be so treated for amongst other things, such treatment tends to plant in the mind the idea that it is the loss of the earnings which is to be compensated. On the other hand, not to so treat them would help to emphasize that it is the loss of earning capacity which is the subject of the damages. However, in most cases they may have but small practical significance; and in this case, in relative terms, none.

[62]         In addition, a claim for past (or future) lost earning capacity is an assessment rather than a calculation, it requires considerations of fairness and reasonableness and all negative and positive contingencies are to be taken into account (Abbott v. Gerges, 2014 BCSC 1329, at para. 165).

It’s very important you do not talk to an ICBC representative before you speak with us. Meet with us now for free at our offices your home or at the hospital. 1-877-602-9900.

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