Trauma experienced by survivors of sexual abuse can impact education and career plans. This, in turn, can impact a survivor’s ability to secure and maintain employment and to earn income.
Plaintiffs are entitled to damages for economic loss arising from sexual abuse. Economic losses can be the most difficult category of damages to prove, particularly where the plaintiff experiences abuse early in life.
Damages for economic losses do not have a limit or cap. The amount of the award is determined by the extent of the financial loss, as supported by the evidence in each case.
Some examples of economic losses may include past wage loss, future economic loss, loss of competitive advantage, and possible early retirement.
Past wage loss is suffered where an individual is unable to return to work at all or to the same capacity and therefore to earn their full pay. Past wage loss encompasses the period between the abuse until the time of trial or the resolution of the legal matter.
Individuals with long lasting or permanent injuries arising from sexual abuse may not be able to obtain, return to, or maintain employment in the same capacity as they would have but for the abuse. This may result in a future economic loss that extends beyond the time of the trial or resolution of the case.
The concept of “loss of competitive advantage” is a recognition that, because of the injuries suffered by the plaintiff, they will no longer be able to compete with others in the marketplace who have comparable qualifications or levels of skill.
Finally, a survivor’s injuries may be expected to decline with age. In such cases, it may be appropriate to argue that there will be a future loss of income due to early retirement or premature reduction in work.
To prove damages, the plaintiff, through their civil lawyer, will often retain an accountant to calculate the income loss. In doing so, the accountant, with the help of other evidence including medical opinion, will consider what the plaintiff’s education and employment might have been, but for the abuse.
Where it is not possible to undertake a precise economic loss calculation, courts will consider the impairment of the plaintiff’s earning capacity because of the abuse. For example:
- That they are less capable of earning income;
- That they are less attractive to employers;
- That they are unable to take advantage of job opportunities that may have been accessible, but for the abuse.
The standard of proof for the plaintiff to meet is that of a “real and substantial possibility”. The plaintiff is not required to prove their position on economic loss “beyond a reasonable doubt” or even “on a balance of probabilities”.
Evidence of the plaintiff’s educational and employment plans and history, as well as the educational and employment history of their family members, are important considerations when developing theories on economic loss.
A psychological or psychiatric opinion can also provide helpful information about the impact of the sexual abuse on the plaintiff and, specifically, how the abuse has impacted the plaintiff’s ability to pursue their education and career goals, and to maintain employment.
If you have any questions related to this blog post, contact myself, Anna Stoll at anna.stoll@siskinds.com or a lawyer in the Siskinds Personal Injury department.