What factors have been considered in determining the quantum of damages for a plaintiff who was injured in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Adkin v. Grant, 2014 BCSC 1304 (CanLII):
With respect to one of the factors, the age of the plaintiff, counsel for the plaintiff suggested that elderly plaintiffs might have fewer years to live with pain and disability but that this interference with the limited time left to live could also be seen as being more serious (although not as long-lasting). I do not accept this as being an established principle in awarding damages. Moreover, the case cited in support by counsel for the plaintiff (Eton v. Loblaw Companies Ltd. 2010 BCSC 1865 at para. 66), appears to have involved a “substantial impairment” of the plaintiff. I have found that the injury sustained in the accident of September 3, 2010 has not left the plaintiff with any substantial impairment.
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