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Whole Leg – Injury Claim Worth.

Based on the following sampling of case law, the range for general damages awarded for suffering from injuries to the whole leg as a result of an accident is between $103,272 – $247,547 [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.

The case law

Jones v. Niklaus, 2008 ONCA 504

  • The plaintiff suffered injuries when she lost control of her vehicle after trying to avoid the defendant’s dog, which had run into the roadway. The accident caused her crush injuries to her right leg. She underwent surgery and was hospitalized for 10 weeks. After this, she underwent intensive physiotherapy and other medical care for more than three years and underwent numerous surgeries. The evidence suggested that she was not fit to return to work or continue her academic studies full-time until more than three-years post-accident. A jury assessed her general damages at $150,000.

Driscoll v. Morgan, 2007 NLCA 39

  • The plaintiff, a 45-year-old office clerk, suffered extremely severe injuries, principally to her legs, as a result of a motor vehicle accident. Her legs were crushed underneath the dashboard, and it took considerable efforts by emergency workers to extricate her. She sustained a broken hip, two broken femurs, a crushed ankle, broken bones in the foot, a serious injury to her thumb, and index and middle finger damage. She spent 4 ½ months in hospital. Her legs were fixated with halo braces and wired. The bones in her ankle were fused with a bone graft. She was left unable to flex the fused ankle. She would likely require knee replacements in the future. She underwent a total right hip replacement 6-1/2 years post-accident. She was left with significant permanent disabilities and would be unable to return to work. She was awarded $150,000 in general damages.

Teed v. Amero, 2001 NSSC 97

  • The plaintiff truck driver sustained crushing injuries to his leg when a truck drove over it. He suffered from complex regional pain syndrome, a condition which was impossible to treat. The lightest touch of clothing or even air on the surface of his leg could cause excruciating pain. His leg and foot were swollen and discoloured. There was a possibility that the pain and swelling might spread to other parts of his body. The plaintiff wanted to have his leg amputated, but doctors refused to do so because it might worsen his condition. He was totally disabled. He was depressed and irritable. He used wrist crutches and a wheelchair on a regular basis. He was awarded $150,000 in general damages.

Rowley v. Sobeys Inc., 2000 CanLII 46948 (NB QB)

  • The 38-year-old plaintiff injured her leg when she slipped and fell. Initially, the doctors hoped that the plaintiff merely had a badly sprained ankle. Over time, it became clear that the whole leg had developed reflex sympathetic dystrophy. The cardinal feature of her condition was pain, which was extreme and continuous. She had had a total of 4 epidural blocks, which gave her temporary relief. Her prognosis was poor, as the condition tends to get progressively worse and is seldom cured. Stating that plaintiff’s level of pain was as high as this Court has dealt with, they awarded her $75,000 in general damages.

Pelletier c. St. Onge, 2000 CanLII 26815 (NB QB)

  • The 37-year-old plaintiff sustained a fractured tibia, fractured femur and a fractured wrist in a motor vehicle accident. The tibia recovered well, but the femur required two grafts and the wrist did not heal properly. He then broke his left kneecap in a subsequent accident. The latest injury was related to the weak condition of his legs and the presence of fracture-related arthritis. The court concluded the plaintiff would be unable to work full time and would require treatment in the long term. He was awarded $75,000 in general damages.

White v. Poirier, 2000 CarswellOnt 1970

  • The 24-year-old plaintiff suffered severe injuries as a result of a motor vehicle accident. His injuries included a fracture of the right thigh-bone, fracture of the shaft of the right thigh-bone midway between the hip and the knee, fractures of the left thigh-bone and a fracture of the left kneecap. 7 years post-accident, the plaintiff’s left knee was substantially healed, but there was a likelihood of degenerative arthritis developing. A total hip replacement would be required in the future. He was awarded $150,000 in general damages.

Lutley (Guardian ad litem of) v. Jarvis Estate, 1992 CanLII 4587 (NS SC)

  • The 12-year-old plaintiff suffered a fracture of the right hip and fractures of the right femur and right tibia. Visible scars remained on his left leg. There remained a problem with the alignment of the femoral head and hip socket. The plaintiff also had recurring pain in his hip and leg. His right leg was rendered 1.9 cm shorter than the left. He was awarded $55,000 in general damages.
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