What is the test for assessing non-pecuniary damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Cummings v. Hitt, 2015 BCSC 530 (CanLII):
The assessment of non-pecuniary damages is influenced by the plaintiff's personal experiences in dealing with his or her injuries and their consequences. A functional approach should be adopted. A clear appreciation of the individual plaintiff's loss and need for reasonable solace is the key: Dilello v. Montgomery, 2005 BCCA 56; Dikey v. Samieian, 2008 BCSC 604.
"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
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)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
In a personal injury action, can damages be assessed before the amount of damages has been determined? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Does the difficulty of making a fair assessment of damages under the common law head of damages for personal injury be sufficient to relieve the court of its duty to do so? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
