What is the test for determining the proper range of damages for a plaintiff in a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from Melsheimer v. Kao, 46 F.3d 1143 (9th Cir. 1994):

The determination of the proper amount of damages which reasonably compensates a person for her personal injuries is not subject to a precise formula. Estes v. Bevan, 64 Wash.2d 869, 871, 395 P.2d 44, 45 (1964). We recognize that when the injury is to a person, causing pain and suffering, any guideline is necessarily indefinite. See Malstrom v. Kalland, 62 Wash.2d 732, 736, 384 P.2d 613, 616 (1963). Despite the lack of specific guidelines in assessing damages, however, the trier of fact must weigh all the evidence before it and consider the pertinent factors. If, in our review, the award of damages does not clearly reflect the weight of the evidence, then the award must be set aside.

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