Accidents often complicate the wage-earning process.
While you’re in recovery it’s often very difficult to work. You’re in too much pain, and you have to take trips to multiple doctors and physical therapists to heal.
After you’ve reached maximum medical improvement your ability to earn money in the future may be significantly impaired.
These are two separate types of damages, and the law allows you to collect compensation for both. Of course, nobody’s going to volunteer to pay you this money. You’ll need a savvy lawyer by your side, one who has experience arguing these types of cases.
Loss of Earnings
When an accident keeps you from working a job you already have this is a loss of earnings situation. Let’s say the accident makes it impossible for you to return to work for six weeks. You earn $4000 in a typical month.
For the most part, it’s fairly straightforward to argue you should be awarded $6000 to cover all the weeks you couldn’t work while recovering from and receiving treatment for your injuries.
You may be able to receive this money even if your employer let you go as a result of being unable to come to work. The reasoning would be that the employer would have kept you employed if not for the accident. At that point the courts would need to make their “best guess” estimate of when you would have been able to find a new job.
As your lawyers, of course, we would be ready with facts and figures to support a fair estimate of when you might have gone back to your job if not for being fired.
Loss of Earnings Capacity
Some accidents make it impossible to work at all, or impossible to work full time. Others force career changes, making it impossible to enter a comparable field at a comparable rate of pay. When this happens you deserve compensation for the money you would have earned had you been capable of staying in the same field.
These claims are of course far harder to make than claims about actual dollar amounts lost during a well-defined period of time. To prove your claims your lawyer must successfully show that:
- Your accident left you less capable of earning money from any type of employment.
- You are now less capable of getting a job because your injury has made you less marketable to employers.
- You can’t take advantage of the same job opportunities that would have been available to you before the accident.
- You’re now less valuable to yourself as a person capable of earning a living.
There’s a lot of variance between award amounts. A great deal will depend on your lawyer’s skill and experience at helping courts understand the impact the accident has had on your career and ability to make money.
Why Merchant Law?
We will invest in the expert witnesses who can help your case, including physicians and forensic economists. We also dig deep to find the facts that will help you, and are experienced and tough litigators who will fight for you.
We’re known for being some of Canada’s toughest litigators and have a long track record of success. Hiring us is risk-free as we don’t get paid until you do.
Schedule a free consultation today. Call (250) 487-7777, or visit our Kelowna office at 201-347 Leon Avenue.