Standards for Damages: Comments on Canadian and American Law

    Volume 36, Issue 5 (September 1991)

    ISSN: 0022-1198

    CODEN: JFSOAD

    Page Count: 5


    Perr, IN
    Professor of psychiatry, Robert Wood Johnson Medical School, University of Medicine and Dentistry of New Jersey, Piscataway, NJ

    (Received 29 January 1991; accepted 26 February 1991)

    Abstract

    Significant differences in Canadian and American personal injury law are reflected in the Canadian system of no jury trials, monetary limitation for pain and suffering, emphasis on maintenance of maximal living style, and a different system for attorney reimbursement. Four Canadian cases (two quadriplegia, one severe neurologic injury, and one death) decided in 1978 have guided Canadian law. Some indication of questionable use of expert opinion and judicial decision-making may show similarities with AMerican practices. Most important, the universality of the Canadian medical system eliminates the need for most damages for medical needs.


    Paper ID: JFS13163J

    DOI: 10.1520/JFS13163J

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    Author
    Title Standards for Damages: Comments on Canadian and American Law
    Symposium , 0000-00-00
    Committee E30