What is the appropriate amount of compensation for a plaintiff who sustained a fractured skull in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Welder v Lee, 2019 BCSC 1328 (CanLII):

The appropriate amount of compensation is not merely a function of the seriousness of the plaintiff’s injuries viewed in isolation. As outlined by Kirkpatrick J.A. in Stapley v. Hejslet, 2006 BCCA 34 at paras. 45, 46, leave to appeal ref’d [2006] S.C.C.A. No. 100, courts must consider the effect of the injuries on the plaintiff’s particular circumstances, taking into account factors such as the plaintiff’s age, the nature of the injury, the severity and duration of the plaintiff’s pain, the extent of any disability, the effect on family and social relationships, impairment of the plaintiff’s mental and physical abilities, and the impact on the plaintiff’s lifestyle. It is therefore necessary for the court to have an “appreciation of the individual’s loss”: at para. 45.

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