Loss of Earning Capacity

If you are still unable to return to work at the time of trial or settlement, a loss of capacity claim is clearly available. As well, a loss of capacity claim can be established where you have returned to employment at a reduced frequency due to the accident.

It may also be argued that the toll of your injuries will, over the long term, result in an early retirement or otherwise render you less marketable or attractive to potential employers, resulting in a loss of a competitive advantage.

While accident victims can only recover 70% of their gross earnings until the trial date, there is no such limit for future income loss, and claimants may recover 100% of their gross income loss after the trial date. The amount of compensation will depend on various factors including how much many working years the injured person has left.

Our lawyers are experienced in identifying and properly pursuing such claims. With the assistance of medical, employment and actuarial experts, we are committed to presenting a loss of capacity claim that accounts for all future contingencies.