What is the test for determining the range of damages for a plaintiff who sustained a fractured skull in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Rattenbury v. Samra, 2009 BCSC 207 (CanLII):

I subscribe to the view of Mr. Justice Halfyard as he expressed it in Turner v. Coblenz, 2008 BCSC 1801, where he said at ¶94: It is well accepted that previously-decided cases have limited value which usually consists in establishing a general range of damages within which the award in a particular case may fall. No two plaintiffs will ever be the same in age, previous state of strength and health, occupation and other activities. The injuries sustained by one plaintiff will never be the same as those received by another, in kind or severity. The reaction of any two persons to the pain of a similar injury, or to particular treatments, will be different. The length of time that has passed between the date of the injury and the date of trial will vary from case to case, and can be a significant distinguishing feature.

Plaintiff’s counsel cites the case of Bjarnason v. Parks, 2009 BCSC 48, as having some similarity to the plaintiff’s situation. In that case Madam Justice Ballance dealt with the injuries to a 28-year-old woman who was an avid athlete. She was found to have sustained soft tissue injuries to her neck and her mid and upper back, her shoulder and her upper trapezius areas, and those injuries caused her pain and discomfort including headaches. The acute phase of her injuries spanned a time of approximately six to eight weeks after the accident and during that time her pain was often intense and her headaches severe and persistent. Long after the initial stage her symptoms were prone to being aggravated by her required posture and movements at work such as prolonged sitting, bending and leaning forward and they were severely and repeatedly aggravated during the time that she taught kindergarten in particular. Fortunately by approximately two months after the accident she was fully engaged in her recreational pursuits except for running which she did not fully resume until later. Her symptoms had improved significantly. Even though she was ultimately able to resume her sports and dance without physical impairment it was found that her back and neck discomfort were not completely resolved when she did so and her injuries made her susceptible to flare-ups and would continue to do so.

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