How have courts assessed a plaintiff's income before and after a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Vespaziani v Lau, 2021 BCSC 1361 (CanLII):
The assessment will necessarily involve a comparison between what the plaintiff would probably have earned if the accident had never occurred and what she probably will earn having suffered the injuries in the accident: Kondor v. Shea, 2014 BCSC 2146 at para. 89.
Insofar as possible, the plaintiff should be put in the position she would have been in but for the injuries caused by the defendant’s negligence: Lines v. W & D Logging Co. Ltd., 2009 BCCA 106 at para. 185. The essential task of the court is to compare the likely future of the plaintiff’s working life if the accident had not happened with the plaintiff’s likely future working life after the accident: Gregory v. Insurance Corp. of British Columbia, 2011 BCCA 144 at para. 32.
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