What are the factors used to determine the quantum of damages for a plaintiff who sustained a fractured skull in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Fadai v. Cully, 2014 BCSC 290 (CanLII):

In Stapley v. Hejslet, 2006 BCCA 34, Madam Justice Kirkpatrick at para. 46 provided a helpful, non-exhaustive list of factors to consider when assessing the amount of damages under this heading: (a) age of the plaintiff; (b) nature of the injury; (c) severity and duration of pain; (d) disability; (e) emotional suffering; and (f) loss or impairment of life and [possibly subsumed within the preceding factors]… (g) impairment of family, marital and social relationships; (h) impairment of physical and mental abilities; (i) loss of lifestyle; and (j) the plaintiff's stoicism (as a factor that should not, generally speaking, penalize the plaintiff).

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