What is the test for calculating a plaintiff’s risk of future injuries?
British Columbia, Canada
The following excerpt is from Hinagpis v Adaza III, 2019 BCSC 880 (CanLII):
If the plaintiff establishes a real and substantial possibility, then the court must weigh the hypothetical or future event according to its relative likelihood: Athey at para. 27. For example, “if there is a 30 percent chance that the plaintiff’s injuries will worsen, then the damage award may be increased by 30 percent of the anticipated extra damages to reflect that risk” (Athey at para. 27). In determining a fair and reasonable damage award, a court should make an assessment rather than a purely mathematical calculation: Grewal v. Naumann, 2017 BCCA 158 at para. 54.
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