General Damages in Atlantic Canada
How Multiple Injuries Are Assessed Together
Multiple injuries from one accident are valued as one loss. A court does not price the knee, price the shoulder and add the two figures together. It looks at the combined effect on the plaintiff’s life and awards one global sum for non-pecuniary damages.
Why Multiple Injuries Get One Global Figure
Adding separate awards would overstate the loss, because injuries overlap in what they take away. A person who cannot walk far because of a knee and also cannot walk far because of a back has lost the walking once. The functional approach described in how courts assess general damages asks what the whole condition costs this person, and that question produces one number.
The Most Serious Injury Anchors the Range
In practice counsel find comparable cases for the worst injury and then argue upward or downward for the rest. A severe brain injury with minor orthopaedic injuries alongside it will be argued from brain injury cases. Where two injuries carry similar weight the comparison set widens to decided cases that involved both.
Overlapping Symptoms Can Exceed the Parts
Several moderate injuries can produce a condition worse than any of them alone, particularly where chronic pain or a mood disorder develops out of the combination. Courts recognise that, and the global award reflects it. The consequence is that a plaintiff with several moderate injuries can recover more than a plaintiff with one severe injury.
Injuries of Different Kinds Fold Into One Figure
Scarring alongside a fracture, or cognitive symptoms alongside a burn, are part of the same assessment rather than separate claims. The ceiling described in the supreme court cap chapter applies to the global figure and not to each injury within it.
What This Means in Practice
Pleading and proving every injury still matters, because each one raises the global figure even though none of them is priced on its own. An injury left out of the pleadings and the expert reports contributes nothing. Reported decisions showing how Atlantic courts have combined injuries are searchable on CanLII, and the firm pleads the full injury set on car accident files.
