Loss of Income and Loss of Competitive Advantage in Ottawa Injury Cases
 
After a serious injury, many people are unable to work for a period of time or are unable to return to work at all. The loss of ability to earn income becomes a major factor in the injured person’s life and affects their entire family.  In some cases, an injury victim can return to work part-time or perhaps full-time but on modified duties, still losing some income and ability to earn income is compromised. In other cases, the injury victim’s career is significantly impacted and potential advances at work are negatively affected.  When the injured person is self employed, it can be very difficult to determine the full impact of the inability to work or ability to work on the same level as pre-accident. 
 
How does a personal injury lawyer assess and predict the loss of income and loss of competitive advantage in injury cases?
 
Injury lawyers turn to economists and actuarial experts to assess actual and potential future loss of earnings. In some cases, the actual long term losses are not easily identifiable early on and experts must make certain assumptions in arriving at their calculations.
 
Not every injury victim suffers the same way. Some are able to return to work, others able to return part-time, others on modified duties and other are never able to return to work. Each case is different. Injury victims who suffer serious injuries with resulting significant impairments often need years of  rehabilitation. When they do eventually return to work, there can be a loss of competitive advantage and certainly loss of income which qualified experts can assess.
 
When a business owner is unable to continue working or able to work but to a lesser degree, courts consider what is called “loss of competitive advantage”. The economic disadvantages suffered as a result of injuries are considered in assessing past and future income losses.
 
If a person’s ability to earn income has been substantially affected by their injuries, the courts can order damages. The amount of damages awarded vary from each case to another.
 
When assessing the value of the financial impact on a person who suffers injuries in an accident, personal injury lawyers turn to the experts. The experts provide a full assessment and provide a written report with an opinion on the various income losses that have been and may continue to occur.
 
At our law firm, we work closely with all types of experts to maximize the amount of compensation a person received as a result of injuries sustained in an accident.
 
Contact us for a free consultation and case assessment. We work on contingency and so there is no fee until we win your case.
 
The information in this brief article is provided for information purposes only and is not legal advice. Each case must be assessed on their own particular facts.
 
Marc-Nicholas Quinn,
Personal Injury Lawyers – Mediators
Ottawa, Ontario
Tel:  (613) 315-4878