What factors are considered by the courts in determining non-pecunciary damages in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Peragine v. Serena, 2012 BCSC 1218 (CanLII):
In Stapley v. Hejslet, 2006 BCCA 34 at para. 46, the court set out a list of common factors that influence an award of non-pecunciary damages, including: • age of the plaintiff; • nature of the injury; • severity and duration of pain; • disability; • emotional suffering; and • loss or impairment of life; • impairment of family, marital and social relationships; • impairment of physical and mental abilities; • loss of lifestyle; and • the plaintiff’s stoicism, a factor that should not penalize the plaintiff.
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