What is the range of damages for an aggravated injury?
British Columbia, Canada
The following excerpt is from McRae v. Doney, 1995 CanLII 231 (BC SC):
55 To determine non-pecuniary damages I will start with a global assessment of the plaintiff's injuries as if all her injuries stemmed from a single source. From that global sum I will deduct the appropriate amount applicable to the first category above mentioned, namely the soft tissue and related injuries caused directly by the accident impact and award that sum in full to the plaintiff. The balance of the global assessment must then be apportioned on the basis of the principle in Pryor v. Bains (1986), 69 B.C.L.R. 395 so as to account for the degree of existing injury that pre-dated the accident and leave the defendant liable only for the portion of damage in relation to the aggravated injury as described in the second category above.
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