What are the elements of damages for personal injury?

Alberta, Canada

The following excerpt is from McLeod v. Sieben, 1975 CanLII 241 (AB QB):

In Wise v. Kaye, [1962] 1 Q.B. 638, [1962] 1 All E.R. 257, Sellers L.J. at p. 263 states that: "The first element or ingredient of damages is the physical injury itself, which gives rise to all the consequential claims which may arise from the injury, and the physical injury itself has always, in my opinion, been a head of claim which has justified and required in law an award of damages according to the extent, gravity and duration of the injury … and I know of no authority which excludes damages for an injury in itself."

Other Questions

Is there a plaintiff in a personal injury case who pleads a certain amount in damages and then amend that prayer as and when the extent of the injuries is learned? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
What is the test for quantification of damages in personal injury cases? (Alberta, Canada)
What is the test for assessing damages for personal injuries in a motor vehicle accident? (Alberta, Canada)
What is the current state of the law in England and Canada on personal injury damages? (Alberta, Canada)
What is the impact of subrogated interests on personal injury and property damage claims? (Alberta, Canada)
Is there any case law that supports the principle that damages for personal injury are predictable and uniform? (Alberta, Canada)
What is the quantum of damages for a plaintiff in a personal injury action? (Alberta, Canada)
In a personal injury action, can a party who sent a letter suggesting a settlement be used as Exhibit K in an affidavit? (Alberta, Canada)
In what circumstances will a court grant summary judgment in a personal injury action? (Alberta, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.