What is the current state of the law on loss of income from a prior accident?
British Columbia, Canada
The following excerpt is from Summers v. Boneham, 1994 CanLII 1520 (BC CA):
22 I do not think, with respect, that the respondent's argument proceeds on proper interpretation of Palmer v. Goodall, supra. That case does not stand for the proposition that the trier of fact may not use the income earned in the pre-accident job as a benchmark for assessing the loss of future earning capacity. Nor does it hold that a claimant must negative every possible occupation that may be available. Application of the Approach
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