How much is a plaintiff’s ability to communicate with the trier of fact in assessing damages?
British Columbia, Canada
The following excerpt is from Woloschuk v Neuman, 2021 BCSC 940 (CanLII):
The assessment of non-pecuniary damages is also influenced by each plaintiff's personal experiences in dealing with his or her injuries and their consequences, and the plaintiff's ability to articulate that experience: Dilello v. Montgomery, 2005 BCCA 56 [Dilello] at para. 25. Equally important is the trier of fact’s subjective appreciation of the evidence describing those injuries, the pain, suffering, loss of amenities and disability, and their consequences on the plaintiff’s personal and economic future: Dilello at para. 25.
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