What is the test for damages for an elderly woman who, as a result of a motor vehicle accident, is now functionally disabled, suffering constant pain, immobility, social isolation, and constant pain?

British Columbia, Canada


The following excerpt is from Chavez-Salinas v Tower, 2017 BCSC 2068 (CanLII):

The thrust of the plaintiff’s claim is that she, on the cusp of her retirement years (the golden years) and is now functionally disabled, suffering constant pain, immobility, social isolation, and lacking in independence. She argues that all of her symptoms and limitations were caused by the negligence of the defendant and there should be no diminution in her damages because of her age: see Pingitore v. Luk, [1994] B.C.J. No. 1866.

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