What’s Changed in Damages Assessment Over the Last Decade?

On a recent webinar hosted by LexisNexis Canada and sponsored by Bergeron Clifford Personal Injury Lawyers, legal experts gathered to discuss the evolving landscape of damages assessments in litigation. With insights spanning non-pecuniary damages, economic loss for gig and self-employed workers, and the intricacies of collateral benefits, the session offered valuable takeaways for practitioners navigating today’s legal challenges.

1. Non-Pecuniary Damages: Evolving Perspectives

Traditional vs. Modern Views

Traditionally, cases involving loss of care, guidance, and companionship were compensated modestly. However, recent trends show a marked shift:

• Higher Awards: Landmark cases now award up to approximately $250,000 per claimant—or nearly $300,000 when adjusted for inflation.
• Increased Judicial Confidence: Courts are more readily acknowledging the deep personal impacts of non-pecuniary losses.

Practical Tips for Legal Professionals

• Deep Dive into Facts: Emphasize detailed narratives of the personal impact on families, supported by concrete evidence and expert opinions.

2. Quantifying Economic Loss in the Gig Economy

Challenges for Gig Workers and the Self-Employed

The shift from traditional employment to gig work brings specific challenges:

• Income Variability: Short-term contracts and inconsistent earnings demand a nuanced approach.
• Evidentiary Foundations: Courts require robust, well-documented evidence—including income histories and corroborating testimonies—to assess economic loss accurately.

3. Collateral Benefits and Deductibility

Navigating Overlapping Benefit Regimes

The webinar highlighted the complexities associated with collateral benefits:

• Treatment of Benefits: LTD and CERB awards are increasingly deducted from income loss claims, while benefits like disability pensions often remain non-deductible.

The insights shared during this webinar illuminate the dynamic nature of damages assessments in today’s legal landscape. By staying informed of evolving case law and employing meticulous evidence gathering, legal professionals can adeptly navigate the challenges of personal injury law in the modern era.

For more expert analysis, visit our LexisNexis Canada blog and explore full resource library.

Explore our featured webinars, where we continue to discuss these critical issues shaping the future of law.

Watch the webinar recording here: https://youtu.be/nePvrnLNTLk