How Vicissitudes Impact Future Economic Loss in Legal Cases

Nov 24, 2023 | Publication

When it comes to calculating future economic loss in legal cases, one concept that often arises is “vicissitudes.” But what exactly are vicissitudes, and how do they affect the compensation awarded to plaintiffs? In this article, we’ll delve into the definition of vicissitudes, explore the standard percentage applied, and identify situations where the usual percentage may not be applied.

What Are Vicissitudes?

Vicissitudes, in legal terms, refer to “a change of circumstances or fortune.” When a plaintiff is seeking damages in a legal case, it’s important to consider the potential changes in their circumstances and financial fortune in the future. In essence, it involves assessing how life’s uncertainties can impact the calculation of future economic loss.

The Role of Vicissitudes in Legal Cases

Vicissitudes play a crucial role in legal cases, particularly when determining future economic loss. To ensure a fair and accurate calculation of damages, the Civil Liability Act in many jurisdictions mandates that courts consider vicissitudes when awarding compensation.

The Standard Deduction for Vicissitudes

One of the key aspects of vicissitudes in legal cases is the standard deduction applied. In most cases, a 15% deduction is the norm when calculating future economic loss. This means that when estimating the financial impact of an injury or loss, courts typically reduce the potential compensation by 15% to account for the inherent uncertainties in life.

Exceptions to the Standard Percentage

While a 15% deduction is the standard practice, there are situations in which the usual percentage may not be applied. One notable exception is when the plaintiff is nearing retirement age, and unexpected adverse vicissitudes of life are less likely to occur.

In such cases, a smaller deduction may be deemed appropriate. Courts may take into consideration the reduced probability of significant future changes in the plaintiff’s circumstances, as retirement age often marks a transition to a more stable financial phase of life.

It’s important to note that the determination of the appropriate deduction for vicissitudes is a complex process, and courts weigh various factors, including the plaintiff’s age, occupation, and the nature of the injury or loss when making this assessment.

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