"What is my ICBC case worth?" - The Assessment of Pain and Suffering Damages a.k.a Non-Pecuniary General Damages

On December 10, 2013 The Honorable Mr. Justice Davies delivered Reasons for Judgment in MacIntosh v. Davidson et al., and provided a useful summary of how British Columbia courts arrive at valuing or assessing "pain and suffering".  The court summarized as follows:

[80]  The purpose of non-pecuniary damages in personal injury cases is to compensate the injured party for their pain and suffering, loss of enjoyment of life and loss of enjoyment of amenities caused by the fault of a tortfeasor.

[81]   In Stapley v. Hejslet, 2006 BCCA 34 [Stapley] at para. 46, Kirkpatrick J.A. set out a useful, non-exhaustive list of factors that offer guidance as to what may influence an award of non-pecuniary damages. The list included the:

(a) age of the plaintiff;

(b) nature of the injury;

(c) severity and duration of pain;

(d) disability;

(e) emotional suffering; and

(f) loss or impairment of life;

[82] Kirkpatrick J.A. went on to say:

I would add the following factors, although they may arguably be subsumed in the above list: 

(g) impairment of family, marital and social relationships;

(h) impairment of physical and mental abilities;

(i) loss of lifestyle; and

(j) the plaintiff's stoicism (as a factor that should not, generally speaking, penalize the plaintiff. 

Do you have questions about your ICBC injury claim?  If so, click here arrange your free consultation with  ICBC Claims Lawyer Perminder S. Tung (Services provided for ICBC injury claims throughout all of BC)