What is the test for a plaintiff in a personal injury action against an insurance company?
British Columbia, Canada
The following excerpt is from Orregaard v Clapci, 2020 BCSC 1726 (CanLII):
Insofar as possible, the plaintiff should be put in the position that he or she would have been in but for the injuries caused by the defendant’s negligence. The court’s task is to compare the likely future of the plaintiff’s working life, if the accident had not happened, with the plaintiff’s likely future working life following the accident: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 32.
"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
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)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (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)
Is a plaintiff entitled to represent himself personally in a personal injury action? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
What is the test for determining a range of issues in a personal injury action brought by a plaintiff against an ICBC defendant? (British Columbia, Canada)
How have defence counsel in a personal injury action been advised to take walks as part of their rehabilitation from soft tissue injuries? (British Columbia, Canada)
