Upper Arm – Injury Claim Worth_.

Based on the following sampling of case law, the range for general damages awarded for suffering from upper arm injuries as a result of an accident is between $7,668 – $101,463 [adjusted for 2023 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.

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The case law

Frampton v. Fransons, 2010 ONSC 6475

• The plaintiff, a 40-year-old roofer, suffered injuries as a result of receiving an electrical shock and consequently falling to the ground. He suffered a very serious crush fracture of his right shoulder and upper arm, bruising, and abrasions from the fall. He underwent two separate surgeries to rebuild his shoulder and upper arm. The plaintiff was left with serious limitation of movement of his shoulder and arm and was left suffering from chronic pain. He was left partially disabled and was unable to return to his job as a roofer. Before reducing by 50% for plaintiff’s contributory negligence, the court assessed the plaintiff’s general damages at $75,000.

Davis v. LeBlanc, 2005 NBQB 193

• The 57-year-old plaintiff was a passenger in a motor vehicle accident in which she suffered lacerations to her head and pain in her neck. Shortly after, she slipped and fell on the sidewalk, which resulted in a shoulder injury and fractured humerus. The slip and fall prolonged her suffering from the injuries sustained in the motor vehicle accident. She suffered from pain in her neck, back, and shoulder at the time of trial. She was awarded $35,000 in general damages for the injuries sustained in both accidents.

Wright (Litigation Guardian of) v. Moosomin First Nation, 2003 SKPC 32

• The 9-year-old plaintiff was tripped by an older student after throwing a snowball at him. He suffered a greenstick fracture to his upper arm, which required him to wear a sling for one month. The defendant’s school failed to adequately investigate the possibility of serious injury, which resulted in him not receiving proper medical attention for over 24 hours. He received $5,000 in general damages.

Joyce v. Canadian Pacific Hotels Corporation, 1994 CanLII 9088 (AB QB)

• The 49-year-old plaintiff slipped and fell while in a hotel shower. He suffered an undisplaced fracture of his right proximal humerus and was totally disabled for 3 weeks as a result. He had reduced range of motion in his arm and shoulder for 3 months and ongoing ache and clicking in his shoulder. He received $14,000 in general damages.

Parker v. Belzile, 1993 CanLII 9307 (NB QB)

• The 20-year-old plaintiff was involved in a motor vehicle accident while driving his motorcycle. He suffered 3 broken ribs, compound fracture of the left ankle, fractured left humerus, and a 9-inch scar on his arm and other minor scars on his head, abdomen and foot. His left arm remained weaker than his right, and his ankle caused him pain daily. He received $26,000 in general damages.

Bezanson (Guardian ad litem of) v. Boutilier, 1993 CanLII 4451 (NS SC)

• The 15-year-old plaintiff was struck by a motor vehicle while crossing a highway on her bicycle. She suffered a fractured right distal humerus and cuts and bruising to her face, neck, thigh, and foot. She continued to experience aching and discomfort in her arm, and the prognosis remained guarded 5 years post-accident. She received $25,000 in general damages.

Polny v. Cadillac Fairview Corp, 1993 CarswellOnt 3629

• The 80-year-old plaintiff was injured as a result of a slip and fall. She suffered a comminuted impacted fracture of the upper portion of her left humerus. She was in considerable pain for over six months. The medical evidence showed that she made a good recovery from her injuries. She was awarded $15,000 in general damages.