Standards for Damages: Comments on Canadian and American Law
Perr, IN
Professor of psychiatry, Robert Wood Johnson Medical School. University of Medicine andDentistry of New Jersey, Piscataway, NJ.


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.

Keywords:
Canada, financial damages, forensic science, jurisprudence, personal injury law, quadriplegia, tort law

Paper ID: JFS365911430

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Author Perr IN Title Standards for Damages: Comments on Canadian and American Law Symposium , Committee on