What is the current state of the law on damages for whiplash?

British Columbia, Canada


The following excerpt is from Smith v. Hassan, 1998 CanLII 2878 (BC SC):

In Price v. Kastryba (1992), 70 B.C.L.R. 392, McEachern C.J.S.C. (now C.J.B.C.) said: The assessment of damages in a moderate or moderately severe whiplash injury is always difficult because plaintiffs, as in this case, are usually genuine, decent people who honestly try to be as objective and as factual as they can. Unfortunately, every injured person has a different understanding of his own complaints and injuries and it falls to judges to translate injuries into damages. At page 398 the Chief Justice continued: Perhaps no injury has been the subject of so much judicial consideration as the whiplash. Human experience tells us that these injuries normally resolve themselves within six months to a year or so. Yet every physician knows some patients whose complaint continues for years, and some apparently never recover. For this reason, it is necessary for a court to exercise caution and to examine all the evidence carefully so as to arrive at fair and reasonable compensation.

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