What are the factors that determine the quantum of damages awarded to a plaintiff in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Shinzay v. McKee, 2014 BCSC 2317 (CanLII):

The parties also agree that Stapley v. Hejslet, 2006 BCCA 34 at para. 46 sets out a list of non-exhaustive factors that influence an award of pecuniary damages at which I summarize: the plaintiff’s age; the nature of the injuries, including the severity and duration of any pain; the degree of the impairment of physical and mental ability and/or disability; emotional suffering; loss or impairment of life or lifestyle; impairment of family, marital and social relationships; and the plaintiff’s stoicism (in the sense that it should not be held against the plaintiff).

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