Personal injury lawyers commonly hire doctors and other medical experts to provide expert evidence. Medical experts are tasked with providing their opinion, on subjects including: the cause of a plaintiff’s injuries, the future outlook of a plaintiff’s injuries, and how a plaintiff’s ability to work will or has been affected by injuries. When making a […]Read More Are Medical Experts Becoming Less Influential in Personal Injury Cases?
Loss of capacity refers to the loss of a person’s ability to earn income in the future. As previously stated, the courts in British Columbia typically use one of two approaches to calculate this: the earnings approach and the loss of capital asset approach. The earnings approach involves a more mathematical approach and is more […]Read More An award for loss of capacity without any actual time off work.
It seems intuitive that a permanent injury and disability would lead to a decently sized award for future wage losses. However, this is not always the case. A plaintiff also needs to prove that there is a “real and substantial possibility” that their disability will actually result in a loss. In a recent Supreme Court of […]Read More A loss of working ability does not always translate into a large award for future damages.
Having a criminal record will not bar you from making a personal injury claim. However, a criminal record can affect your claim in multiple ways. Firstly, a judge must take into account the effect of your criminal record on your future job prospects when determining awards for future wage losses. A recent Supreme Court of […]Read More How does having a criminal record affect your personal injury claim?
Personal injury claims involving parking lots have a unique set of challenges. Most notably, liability is often disputed. Driver’s often back up out of spots, which makes it difficult for them to see other vehicles. Other challenges, such as pedestrians, obstacles, reduced visability, and tight spaces, are present. The driver of one vehicle will often […]Read More Who’s at fault for a parking lot collision?
How do the courts deal with pre-existing psychological disorders? The goal of the court process is to provide financial compensation to injured parties to compensate them for actual losses. Thus, the courts must take into account a plaintiff’s pre-existing psychological state. In this recent supreme court of British Columbia case, the courts were left with […]Read More Personal injury claims and pre-existing psychological disorders.
At one point, it was common for people to retire at the age of 65. As medical knowledge and financial obligations have increased, many people are working beyond this age, and retirement ages among individuals vary considerably. The courts are often left in a position where they have to estimate retirement ages for individuals, whose […]Read More Retirement age: making claims for employment losses past 65.