In what circumstances will a plaintiff be awarded a reduction in the amount of damages for future injuries?

British Columbia, Canada


The following excerpt is from Lutz v. Lim, 2009 BCSC 1539 (CanLII):

In my view, and adopting the language used by Major J. in Athey v. Leonati, the plaintiff's foot injury is more in the nature of a "thin skull" case than it is of a "crumbling skull”. The plaintiff's prior foot injury left him vulnerable to future injury. There is little more than speculation to suggest that his current complaints and his ongoing need for treatment would have or might have occurred in any event. There is therefore insufficient evidence to allow me to reduce the award based upon such a contingency.

Other Questions


In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (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)
In what circumstances will a plaintiff be awarded damages for loss of future earning capacity? (British Columbia, Canada)
In what circumstances will a judge award damages of more than £200,000 to a plaintiff in a defamation action brought by a defendant who used justification and qualified privilege? (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)
What is the range of damages for damages awarded to a plaintiff who was injured in a dispute with her neighbour over noise and/or nuisance? (British Columbia, Canada)
In what circumstances will a plaintiff be awarded damages from the Church of Scientology for breach of the terms of an oath of trust? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
In what circumstances will a plaintiff be awarded 100% of her costs and/or contributorily negligent for her injuries? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.