What is the legal principle that governs loss of earning capacity in a personal injury action?
British Columbia, Canada
The following excerpt is from Carmichael v. Kwon, 2016 BCSC 265 (CanLII):
The legal principle that governs the assessment of loss of earning capacity is that, insofar as possible, the plaintiff should be put in the position she would have been in but from the injuries caused by the defendants’ negligence, Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 32. This involves a comparison of the likely future of the plaintiff if the accident had not occurred to her likely future working life in light of this occurrence.
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