Based on the following sampling of case law, the range for general damages awarded for suffering from injuries to the whole arm as a result of an accident is between $37,810 – $212,930 [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
MacDonald v. MacVicar, 2018 NSSC 271
- The plaintiff who was a nurse suffered from radiating pain in her arm following a motor vehicle accident. Her injury caused her to experience numbness and tingling, as well as loss of grip strength. The plaintiff argued that her impairment was severe and prolonged, and therefore did not fall within the scope of Smith v. Stubbert. The court held that the injuries to her arm would cause an impediment to her enjoyment of life, since she could not return to her employment nor play with her young child the way she once did. She was awarded $75,000 in general damages.
Sorrenti v. Blair, 2013 ONSC 2584
- The plaintiff suffered a spiral fracture of her dominant right arm as a result of an assault by her husband. Surgery was required to repair the fracture, with the insertion of plates and screws. She was left with a number of residual deficits, including diminished range of motion, reduced grip strength, and difficulty in performing certain activities. The court awarded general damages in the amount of $75,000.
Robinson v. Williams (Estate of), 2005 ABQB 659
- The 32-year-old plaintiff was the passenger in a vehicle driven by a drunk driver when the vehicle rolled off the road. He suffered a fractured shoulder, ribs, ankle and humerus, and a collapsed lung. He spent 9 days in the hospital following surgery and was left with a permanent total loss of function in his right arm and hand. He also developed chronic pain problems in his left hand, ankle, and back. He suffered from emotional problems which caused trouble sleeping and a depressed and irritable mood. He received $150,000 in general damages.
Jones v. Constable and Universal Sales, 2002 NBQB 241 (CanLII)
- The plaintiff suffered soft tissue injuries to his neck after being involved in a motor vehicle accident. Over time, his soft tissue injuries began to spread down his shoulders and into his arms. He suffered from intermittent numbness in both arms. Due to the persistent nature of his injuries, the plaintiff was awarded $25,000 in general damages.
Wood v. Boutilier, 1998 CanLII 3406 (NS SC)
- The 32-year-old plaintiff was involved in two motor vehicle accidents between 1993 and 1997. In the first accident, the plaintiff suffered a dislocated right elbow, puncture wound in his back, nerve damage in his right arm, loss of sensation in his right hand, and significant loss of nerve function in his right arm and hand. He was left with scars on his right forehead, arm, and back, as well as pain in his right leg and was unable to use his right arm effectively. He was permanently totally disabled from employment after this accident. The plaintiff received $85,000 in general damages.
Bueckert v. Mattison, 1996 CarswellSask 638
- The 18-year-old female plaintiff suffered from severe burns from below her left shoulder down to her fingertips. Six operations were performed over a period of 15 months. Her fingers and thumb were permanently damaged, and her hand functioned at 35% to 40% of normal capacity. The plaintiff had to curtail her recreational activities. The court assessed general damages at $80,000.
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