What is the legal framework used to support a plaintiff in a personal injury claim?

British Columbia, Canada


The following excerpt is from Fowler v Ford, 2021 BCSC 324 (CanLII):

The general legal framework focuses on putting the plaintiff in the position (both post-accident but pre-trial and post-trial) they would have been in but for the injuries caused by the defendant’s negligence. That framework is set out in Midgley v. Nguyen, 2013 BCSC 693 at paras. 235-240:

Other Questions


What is the legal test for determining whether a plaintiff has been successful in a personal injury claim? (Ontario, Canada)
What is the legal test for non-compensationary support for a plaintiff in a personal injury case? (British Columbia, Canada)
Can a plaintiff in a personal injury action obtain costs from a private legal aid scheme? (British Columbia, Canada)
What is the test for a plaintiff in a motor vehicle accident to claim damages for personal injury? (Ontario, Canada)
What is the legal framework for a plaintiff’s past wage loss claim? (British Columbia, Canada)
What are the implications of a defendant's behaviour towards a plaintiff in a personal injury claim? (British Columbia, Canada)
What is the legal test for a successful plaintiff in a personal injury case? (Ontario, Canada)
What are the legal principles used by a plaintiff in a personal injury action? (British Columbia, Canada)
What are the costs of a plaintiff’s personal injury claim? (Saskatchewan, Canada)
What is the legal test for hiring a law firm to represent a plaintiff in a personal injury action? (British Columbia, Canada)