What factors must be considered in determining the age of a plaintiff in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Fabretti v. Gill, 2014 BCSC 899 (CanLII):
Every case must be decided on its own factors of age, severity and duration of injury, disability and pain, emotional suffering and loss of enjoyment of life (Stapley v. Hejslet, 2006 BCCA 34 at para. 46). The plaintiff here was only 12 when the Accident occurred. He suffered jaw pain, discomfort and treatment for two years. He suffered and continues to suffer from headaches and sore neck and back. He has suffered emotionally from the effect on his family unit. Most of all he suffers and will continue to suffer the pain and emotional stress of the life of a recovering drug addict.
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