Free Consultation 604-200-5965

Loss of future earning capacity.

• What is the effect of my receiving Long Term Disability (LTD) and Canada Pension Plan disability benefits on my claim for loss of future earning capacity?
• The courts are to ignore the facts that you will be receiving these monthly benefits in the future from your disability insurer or from CPP, so this will not reduce your claim.

  Your entitlement to damages may be reduced, however, if your claim is under:

  • "Underinsured Motorist" coverage due to the wrongdoer having insufficient third party liability insurance, or
  • "Unidentified Motorist" coverage in the case of a hit and run collision.

  You should seek legal advice on what deductions may be made if you have either of these claims.

  As a young woman, I don't think it is fair that the value of the future earning potential I had before my injury should be compared to that of women who are now in their 50's and 60's. Times have changed. Can I avoid this?

  It is very much in your best interests if the value of your future earning capacity absent the collision is compared to that of men—not women. This is because the average income of women in most occupations is lower than that of men. This can be partly attributed to the times women stop working or work part-time while they raise their children. It can also be partly attributed to the fact that the percentage of women who continue to work after their mid-fifties rapidly drops off.

  Your lawyer's challenge is to persuade ICBC and, if necessary, the court that your working life will be very different from that of average women now in their 50's. This is due to the likelihood that you will take much less time off work if and when you have children and the likelihood that you will not retire until age 65. You will have a stronger argument on the second point if you are married and your husband is not more than one or two years older than you.