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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"

From Clicklaw Wikibooks
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==== b) Loss of Prospective Earnings ====
==== b) Loss of Prospective Earnings ====


Loss of prospective earnings is the capitalized value of the claimant’s loss of income from the time of the accident to the claimant’s  projected date of retirement. The capitalization rate will be calculated by using present rates of return on long-term investments, and an  allowance will be made for the effects of future inflation. In determining the value of prospective earnings, the claimant’s earning capacity over his or her working life, prior to the accident, will be evaluated. In a claim for the capitalized value of lost prospective earnings, the defendant will seek to reduce that amount by introducing evidence of future contingencies.
Loss of prospective earnings is the capitalized value of the claimant’s loss of income from the time of the accident to the claimant’s  projected date of retirement. The capitalization rate will be calculated by using present rates of return on long-term investments, and an  allowance will be made for the effects of future inflation. In determining the value of prospective earnings, the claimant’s earning capacity over his or her working life, prior to the accident, will be evaluated. In a claim for the capitalized value of lost prospective earnings, the defendant will seek to reduce that amount by introducing evidence of future contingencies.
 
In calculating loss of prospective earnings, the figure that is used is the loss of Income Net of Taxes, as opposed to Gross Income Loss under Part I, s 2.1 of the ''IA''. This applies to any unintentional accidents that occur after June 17, 1997. This amendment was brought into force on  October 1, 1997 by Orders in Council numbers 949 and 1080.


==== c) Cost of Future Care ====
==== c) Cost of Future Care ====
5,109

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