What is the test for quantification of damages in personal injury cases?
Alberta, Canada
The following excerpt is from Sidorsky v. Lowry, 2009 ABQB 68 (CanLII):
Justice Cory summarized the principle behind quantification of damages in Cunningham v. Wheeler, 1994 CanLII 120 (SCC), [1994] 1 S.C.R. 359 at para. 75: At the outset, it may be well stated once again the principle of recovery in an action for tort. Simply, it is to compensate the injured party as completely as possible for the loss suffered as a result of the negligent action or inaction of the defendant.
"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
Is there a plaintiff in a personal injury case who pleads a certain amount in damages and then amend that prayer as and when the extent of the injuries is learned? (Alberta, Canada)
What is the case law on fiduciary obligations of an individual in a personal injury case? (Alberta, Canada)
Is there any case law that supports the principle that damages for personal injury are predictable and uniform? (Alberta, Canada)
What is the test for “case splitting” in a personal injury case? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
What is the quantum of damages for a plaintiff in a personal injury action? (Alberta, Canada)
What are the relevant considerations to a judge when deciding whether or not to order trial by jury in a personal injury case? (Alberta, Canada)
What are the elements of damages for personal injury? (Alberta, Canada)
In what circumstances will a judge review an order for a civil jury in a personal injury case? (Alberta, Canada)
How is the best interests test applied in a personal injury case? (Alberta, Canada)
