How much is a plaintiff’s ability to articulate her experiences in dealing with her injuries and their impact on her personal and economic future?
British Columbia, Canada
The following excerpt is from McCully v Moss, 2019 BCSC 81 (CanLII):
The assessment of non-pecuniary damages is also influenced by each plaintiff's personal experiences in dealing with her injuries and their consequences, and the plaintiff's ability to articulate that experience: Dilello v. Montgomery, 2005 BCCA 56 at para. 25. Equally important is the trier of fact’s subjective appreciation of the evidence describing those injuries, the pain, suffering, loss of amenities and disability and their consequences on the plaintiff’s personal and economic future: at para. 25.
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