What is the starting point for damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Mundell v. Wesbild Holdings Ltd., 2007 BCSC 1326 (CanLII):
The starting point for an assessment of damages is that, in so far as is possible, plaintiffs should be restored to the position they were in before the injury at issue was suffered: Yee v. Pro-West Management Ltd., [1998] B.C.J. No. 942 at ¶ 48. A plaintiff will, however, be barred from recovering a loss that could have been avoided by taking reasonable steps to reduce the loss.
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