Discount rates are used to calculate the present day value of a loss of future income or cost of future care that is awarded as a lump sum in personal injury cases. The discount rate assumes that the lump sum will be invested and will earn enough income to create a sufficient stream of compensation for the injured party over the appropriate time frame, with the fund being fully exhausted at the end. This is one methodology of calculating and compensating future financial loss endorsed by the so-called 1978 “Trilogy” of catastrophic injury cases decided by the Supreme Court of Canada.
Discounts Rates Going Down, Damage Awards Going Up!
By Legal Newsletters | BC's Law Firm for Business | Clark Wilson LLP of Clark Wilson on May 2nd, 2013
Posted in Legal Updates | North America