What are separate injuries that can be separated out and attributed to the constituent causes?
British Columbia, Canada
The following excerpt is from Rajan v. Hudon, 2014 BCSC 1678 (CanLII):
Divisible injuries are those capable of being separated out and having their damages assessed independently, while indivisible injuries are those that cannot be separated or have liability attributed to the constituent causes: Bradley v. Groves, 2010 BCCA 361, at para. 20.
In Scoates v. Dermott, 2012 BCSC 485, where the plaintiff was involved in four motor vehicle accidents, Mr. Justice Smith found that the second, third and fourth accidents caused or contributed to the plaintiff’s injuries, although their impact was much less significant than the first accident. That however was “a question of damage assessment and apportionment, not causation” (at para. 156).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts in BC dealt with the issue of separation in the context of separation and separation? (British Columbia, Canada)
How should a plaintiff's left breast injury be treated separately from the right breast injury? (British Columbia, Canada)
Is it sufficient to establish that an accepted injury was the most significant cause or accepted injury? (British Columbia, Canada)
Does a plaintiff have to prove that the injuries to her back and nose were caused by the injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the test for establishing cause of cause of injury in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s injuries are indivisible or a constituent cause? (British Columbia, Canada)
Can knowledge of a cause of cause be used as grounds for cause of dismissal? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
Does the date of separation in a personal injury action have to be determined by the date in which both parties' pleadings state that they separated on April 15, 2013? (British Columbia, Canada)
What is the test for establishing a cause of cause of injury in a motor vehicle accident? (British Columbia, Canada)
