What is the quantum of damages for personal injury in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Taylor v Peters, 2021 BCSC 2444 (CanLII):
An award of non-pecuniary damages does not depend upon the seriousness of the injury. Instead, the quantum of a damage award is the amount necessary to ameliorate the victim’s suffering considering her particular situation. An appreciation of the individual’s loss is the key to determining such an award. There is no “tariff”. An award will vary in each case to meet the specific circumstances of the individual case: Lindal v. Lindal, 1981 CanLII 35 (SCC), [1981] 2 S.C.R. 629 at 637.
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