Is there a plaintiff in a personal injury case who pleads a certain amount in damages and then amend that prayer as and when the extent of the injuries is learned?

Alberta, Canada


The following excerpt is from Purba v. Ryan, 2006 ABCA 229 (CanLII):

Further, courts must be careful before criticizing plaintiffs’ counsel in a personal injury case who pleads a certain amount in damages and then amends that prayer for relief as and when the extent of the injuries is learned. This is to be expected. Legal counsel are not evaluators of the future prognosis of an injured party. Courts sometimes criticize counsel who move suits slowly and take no step before the last possible day. But counsel who sues promptly, once a serious disagreement as to liability or damages emerges, will rarely yet have full medical reports. Indeed, injuries and expenses will still be revealing themselves. See Fahie v. Rubin, supra (para. 47).

Other Questions


What is the quantum of damages for a plaintiff in a personal injury action? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
What is the current state of the law in England and Canada on personal injury damages? (Alberta, Canada)
Is there any case where a motion for leave to amend was considered only of the existing pleadings and the proposed amendments? (Alberta, Canada)
What are the elements of damages for personal injury? (Alberta, Canada)
In what circumstances will a defendant be required to repay in full to a plaintiff in a personal injury action? (Alberta, Canada)
What is the test for a plaintiff to claim damages for loss of enjoyment of life as a result of injury? (Alberta, Canada)
What is the test for pleading guilty in a personal injury case? (Alberta, Canada)
Can a lawyer who acts as an acting qua lawyer for a plaintiff in a personal injury action be held liable for improper conduct? (Alberta, Canada)
What is the test for quantification of damages in personal injury cases? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.