The short answer is yes. Effects on social life are taken into account during the assessment of non-pecuniary damages, which is more commonly referred to as pain and suffering. In fact, this is a fairly well established point of law. A strong precedent for this assertion can be found in McLeod v. Whittemore, 2018 BCSC […]
Tag Archives: Accident
http://www.courts.gov.bc.ca/jdb-txt/sc/18/02/2018BCSC0229cor1.htm In this recent Supreme Court of British Columbia case, a successful owner of a brand devoted to the production of surf boards and clothing was injured in a motor vehicle accident. The injured party was riding a motorcycle when they were struck by an oncoming car making a left turn. This was a […]
Wage loss claims that involve a plaintiff with pre-existing injuries are always complicated. It is the courts role to determine what losses are attributable to the new claim and what losses would have occurred in any event. http://www.courts.gov.bc.ca/jdb-txt/sc/17/20/2017BCSC2098.htm In this recent Supreme Court of British Columbia case, the plaintiff was employed as a fisherman, […]
http://www.courts.gov.bc.ca/jdb-txt/sc/17/05/2017BCSC0577.htm The injured party was a construction worker and father of 4 children. His work primarily focused on residential renovations and building and servicing green houses at big box stores. The plaintiff was fifty years old at the time of trial and had been injured in what the courts described as a “violent” rear end […]
http://www.courts.gov.bc.ca/jdb-txt/sc/17/04/2017BCSC0431.htm In this recent Supreme Court of British Columbia personal injury case, the lawyer for the plaintiff was able to draw a connection between the defendant driver and a supposedly independent witness. This case involved a rear end collision, which typically results in a presumption of fault against the following car that has struck […]
http://www.courts.gov.bc.ca/jdb-txt/sc/17/00/2017BCSC0015.htm In what can only be described as a tragic case, the victim of a motor vehicle accident was awarded a large settlement to compensate them for injuries and damages. During the accident, the plaintiff hit his head with significant force. He suffered a closed head injury and likely mild traumatic brain injury. The plaintiff had […]