The simple answer is yes. The entitlement to future wage losses arises a few ways for students.
Firstly, a student can be delayed in their education. This results if they miss entire semesters or are forced to drop even a single course. The courts will award a plaintiff if they can prove that they were forced to enter the work market later than they otherwise would have.
The courts will also award a plaintiff whose marks have been negatively affected, if the decrease in their school performance is likely to impact their earnings in any way. This is a common occurrence as studying requires focus and sitting for long periods of time in a fixed position. Even minor soft-tissue injuries can affect a student’s ability to study and focus.
Courts will also award a plaintiff for an ongoing disability that is likely to affect their ability to work, even if they have not starting working yet. In order to do this, the courts will have to deal with a certain degree of uncertainty. In the vast majority of cases, it is not easy to predict a person’s career path or potential earnings before they’ve worked a single day.
This issue was summarized in a recent Supreme Court of British Columbia decision:
http://www.canlii.org/en/bc/bcsc/doc/2015/2015bcsc980/2015bcsc980.html
This case dealt with a 51 year old plaintiff who had taken time off work to return to school. Prior to beginning her new career, she was injured in a motor vehicle accident, which left her with disabling injuries.
Although the analysis the judge used to determine whether or not the plaintiff was entitled to an award for future wage losses was quite complex some key points from it were:
- A plaintiff needs to prove there is a real and substantial possibility of a future event leading to wage losses; and
- Hypothetical events should be given weight based on their relative likelihood.
There is no way to predict the future, but that doesn’t mean that you cannot claim for impairment of a future career path. Claims for future events especially require proper framing, preparation, and evidence. As always, I suggest consulting with an experienced personal injury lawyer.
