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Thoracic and Abdominal Cavity – Injury Claim Worth.

Based on the following sampling of case law, the range for general damages awarded for suffering from injuries within the thoracic and abdominal cavity as a result of an accident is between $31,016 – $196,144 [adjusted for 2022 inflation rates]. The general damage award amounts for each individual case below have not been adjusted for inflation. For your convenience, the Bank of Canada Inflation Calculator can be accessed here.

As described in our General Damages Guide, these awards are only for general damages which compensate you for your pain and suffering. There are other types of damages that you may be entitled to claim, such as lost income and medical care costs, depending on the circumstances of your case. To assess the total value of your injury claim, try our Injury Claim Calculator or book a free consultation.

The case law

Mawdsley v. McCarthy’s Towing & Recovery Ltd., 2010 NSSC 168

  • The plaintiff, a garbage truck operator, suffered serious injuries when he was briefly trapped in between two adjacent garbage trucks as one was being towed away. He suffered crush injuries to his head and upper body, fractured jaw, severed facial nerve, rib fractures, facial and cranial lacerations, chest puncture, pneumothorax, and third degree shoulder separation. He required two jaw surgeries and was left with facial asymmetry, loss of feeling, and ongoing pain in his shoulder, neck, back, and jaw. He recovered most of his pre-accident function, but did have some mild ongoing cognitive deficits. He received $100,000 in general damages.

Vogler v. Szendroi, 2010 NSSC 390

  • The 21-year-old plaintiff was a back seat passenger in a motor vehicle collision which caused him to be thrown from the vehicle. He suffered a fractured skull, axonal shear brain injury, fractured ribs and pelvis, bruised lung, punctured lung and other injuries. While most of his injuries healed over time, his severe brain injury improved slightly but left him with lasting effects such as; memory and information processing impairment, blurred vision, and problems with depth perception. He also has permanent scarring on his arm. He received $150,000 in general damages.

Nagle v. Thomas, 2009 NBQB 66

  • The 39-year-old plaintiff was injured in a motor vehicle collision in which he lost consciousness and was admitted to the hospital for 8 days. He suffered a mild traumatic brain injury, pneumothorax, fractured pelvis and iliac crest, and injuries to his hip, ribs, eye, and abdomen. The injuries had a devastating impact on his ability to enjoy life. He no longer wanted to be around people and was no longer, bright, articulate, confident, or capable. He was able to be in a store as he was a retail store manager prior to the accident, however, his inability to service customers led to many complaints. As such, he would never hold gainful employment in the future. He received $125,000 in general damages.

Oates v. Morgan, 2007 NLCA 40

  • The 18-year-old plaintiff was injured as a passenger in a motor vehicle accident. She suffered a right hemopneumothorax, left pneumothorax, undisplaced pelvic pubic ramus fracture, comminuted mid-shaft fracture of right femur with disruption of vascular supply, left radius fracture of forearm, and right humerus fracture. The plaintiff required multiple surgeries, including a grafting procedure to repair a damaged artery in her leg. She spent 35 days in the hospital. She received $75,000 in general damages.

Dwyer v. Allen’s Ltd., 2001 CanLII 37658 (NL SC)

  • The 48-year-old plaintiff fell on the sidewalk while drunk and grabbed onto the undercarriage of a pickup truck to avoid being run over. He was dragged along the street before falling to the pavement. He suffered 3 fractured ribs, tears in his liver, and a mild contusion of his kidneys. He required 2 operations and was left with a long scar on his stomach. He recovered within 3 months of the accident. General damages were assessed at $20,000, but the award was reduced by 50% for the plaintiff’s contributory negligence.
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