TYPES OF DAMAGES - General damages - For personal injuries - Calculation - Contingencies

Law360 Canada (November 8, 2023, 6:42 AM EST) -- Action by Donaldson for damages for personal injuries suffered in a motor vehicle accident. Donaldson was travelling north on Columbia Avenue in Castlegar. Grayson pulled out, crossed the right northbound lane and as she entered the left northbound lane, Donaldson’s vehicle T-boned her vehicle. Donaldson’s airbag deployed causing her injuries. Donaldson claimed that Grayson’s actions in crossing Columbia Avenue when it was not safe to do so caused her serious physical and psychological injuries. She claimed that her injuries precluded her from engaging in her pre-accident work and precluded her from looking for better-paying work outside the family business. Grayson denied liability and asserted that Donaldson contributed to the cause of the accident because she was speeding, and/or did not have her lights and/or could have taken evasive action. Grayson also disputed that she caused the injuries that Donaldson complained of and that the injuries were as severe and long lasting as Donaldson claimed. Grayson asserted that Donaldson was capable of returning to work in the family retail sporting goods business and given that the business had not had a reduction in profitability since the accident, Donaldson had no claim for past or future loss of earning capacity....
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