Can a plaintiff continue to recover for increased damages if their injuries subsequently turn out to be much worse than thought at the time of trial?
British Columbia, Canada
The following excerpt is from Birrell v. Providence Health Care Society, 2007 BCSC 668 (CanLII):
In the realm of the law of personal injuries, this decision has been interpreted to mean that a plaintiff cannot further recover for increased damages where his or her injuries subsequently turn out to be much worse than thought at the time of trial, provided that the injury was sufficiently serious to justify bringing an action from the beginning: see Craig v. Insurance Corporation of British Columbia (2003), 46 M.V.R. (4th) 102, 2003 BCSC 1856 at paras. 26-28, aff’d 2005 BCCA 275.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
What are some cases where a plaintiff was able to sue for damages for personal injury or direct injury to property? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
Are there any cases where a plaintiff has been awarded damages for injuries that are divided into two separate injuries? (British Columbia, Canada)
What are the damages for pre-trial expenses incurred by a plaintiff as a result of her injuries? (British Columbia, Canada)
Is a plaintiff entitled to recover damages from a defendant for damage caused to his back? (British Columbia, Canada)
What is the test for a plaintiff's claim for damages when there is little or no objective evidence of continuing injury? (British Columbia, Canada)
Can a plaintiff recover damages from a lessor of a propane truck for loss of propane? (British Columbia, Canada)
