Claiming for the Loss of Future Earning Capacity
When you are injured through no fault of your own, you are entitled to make a personal injury claim. You can claim compensation for various heads of damage, including your future loss of earnings. This ensures you are not left out-of-pocket in the years to come.
Loss of future earning capacity
A personal injury can have a long-term impact on your ability to work. Some people cannot return to work at all. Others must accept a reduced earning capacity – perhaps because they cannot physically work the same number of hours, or can only perform a lower paid role.
This can have a serious impact on your finances. Without your pre-accident income, you may struggle to pay the bills, look after your family and live your life as you once did. If there is no sign that your symptoms will improve in the near-future, this can be very scary indeed.
However, that is where a personal injury claim comes in. By making a claim, you can obtain money to reflect your future loss of earnings. This should return you to financial position would have been in, were it not for the accident.
Calculating future loss of earnings
Calculating your future loss of earnings is not an easy task. You can never know precisely how much money you would have earned, but for the accident. Even so, it is possible to make an informed assessment by considering the following questions –
- How many years would you have continued to work for?
- Would your earning capacity likely have increased in the future, perhaps due to promotion or the decision to go full-time?
- Would your earning capacity likely have decreased in the future, perhaps due to a career change or the decision to go part-time?
- Would you have been received any additional money from your employer, such as bonuses or commission?
- Are you able to work at all since your injury?
- Are you less marketable or attractive to employers since your accident?
The answers to these questions provide a more complete picture, helping to establish how much you would probably have earned for the remainder of your working life.
Vancouver personal injury lawyer
When we pursue a claim on your behalf, we will conduct a careful analysis to ensure all your future loss of earnings are accounted for. If damages are disputed by the defendant, the court may be asked to resolve the matter. If so, we will present our evidence to the judge, getting you a suitable award for your expected loss of earnings.Go back to Blog