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Loss of future earning capacity.
- Is my loss of future income calculated to age 65?
- Compensation in our legal system is not "one size fits all. " It is individually designed based on the inherent worth of each person and the evidence in each case. The court's object is to put the injured person in as close a position financially to where he or she would have been had no collision occurred.
Your loss of future income will not be calculated to age 65 unless ICBC—or, failing settlement, the court—concludes that it is a virtual certainty that you would have worked to age 65 had your collision not occurred. If, for example, you would have received maximum pension benefits at age 62 had you not been injured, it is unlikely that a court will conclude that you would have worked past age 62 unless there was very strong evidence to show you would have continued working.
On the other hand, a court may calculate your loss of income up to age 70 if, for example, you:
- were injured at age 60,
- had only $120,000 in assets other than your home when you were injured,
- had only a small pension plan,
- were passionate about your work,
- had few hobbies or sports you loved to spend a lot of time on, and
- you told one or more credible people before your collision that you intended to continue to work until age 70.
The court, however, would most likely reduce your award for loss of future income to account for the possibility that:
- you would become unable to work to age 70 due to ill health,
- you would be become unemployed against your will, and
- you would have changed your mind and chosen to stop working before age 70.
Labour economists provide evidence of census information on the average retirement date of men and women in British Columbia and the likelihood that men and women of a certain age range are not "participating" in the work force. On average, women retire earlier than men. One likely reason is that, on average, their husbands are a few years older than they are.