What is the range of damages for an elderly plaintiff who sustained a fractured skull in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Ahadi v. Valdez, 2013 BCSC 714 (CanLII):

The purpose of non-pecuniary damages is to compensate the plaintiff for pain, suffering, loss of enjoyment of life and loss of amenities. The amount of the award does not depend alone on the seriousness of the injury but upon its ability to ameliorate the condition of the injured person, considering his or her particular situation: see Stapley v. Hejslet, 2006 BCCA 34, at para. 45. The factors to be taken into account include: the plaintiff’s age; the nature of the injury; the severity and duration of pain; disability; emotional suffering; impairment of family, marital and social relationships; impairment of physical abilities; loss of lifestyle; and the plaintiff’s stoicism (a factor that should not, generally speaking, penalize the plaintiff). See Stapley v. Hejslet, at para. 46.

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