What are the elements of damages for personal injury?
Alberta, Canada
The following excerpt is from McLeod v. Sieben, 1975 CanLII 241 (AB QB):
In Wise v. Kaye, [1962] 1 Q.B. 638, [1962] 1 All E.R. 257, Sellers L.J. at p. 263 states that: "The first element or ingredient of damages is the physical injury itself, which gives rise to all the consequential claims which may arise from the injury, and the physical injury itself has always, in my opinion, been a head of claim which has justified and required in law an award of damages according to the extent, gravity and duration of the injury … and I know of no authority which excludes damages for an injury in itself."
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