A woman walking her dog was struck when two vehicles collided beside her; she suffered a comminuted fracture of the left kneecap and a fracture of the right, and was awarded $150,000 for pain and suffering and $505,829.66 in total. A driver in Mission with a fractured L4 vertebra and a comminuted tibia fracture fixed with a rod received $250,000 and $796,510 in total.
Facts that decide a fracture claim in British Columbia
Future earning capacity
Most of Wei’s award, $293,150, was for loss of future income earning capacity from her knee injuries.Wei v. Ahmad, 2025 BCSC 623
On November 23, 2015, Ailing Wei was walking her dog when two vehicles collided and one struck her. She suffered a comminuted fracture of the left kneecap, likely a fracture of the right kneecap, and a laceration needing five sutures, with lasting limitations. Liability was conceded. The court awarded $150,000 for pain and suffering and $505,829.66 in total.
On June 16, 2018, at the Cedar Valley Connector and 7th Avenue in Mission, Timothy Sauve collided with a car driven by an 18 year old in his father’s vehicle. Sauve fractured his L4 vertebra and suffered a comminuted fracture of the left tibia repaired with a rod, nails and screws, as well as concussion symptoms. The court awarded $250,000 and $796,510 in total.
★ BC · fracture · in practice
What changes the number here.
What actually moves a fracture settlement in British Columbia.
1
Get an orthopaedic opinion on long term limits; it drives the earning capacity award.
2
Record the tasks you can no longer do at home; Wei received $30,000 for housekeeping capacity.
3
The registered owner of the car can be named along with the driver.
★ BC · statute of limitations
2 years from discoverability
Limitation Act, S.B.C. 2012, c. 13
★ BC · fault rule
Common-law contributory reduction
Contributory negligence reduction under the Negligence Act, R.S.B.C. 1996, c. 333.
★ BC · caps
What caps recovery.
Statutory caps that may bear on a fracture settlement in British Columbia.
Andrews cap (non-pecuniary)
Non-pecuniary loss
about C$470,000 in 2025
Andrews trilogy
★ fracture · same region & fault regime
Compare to like jurisdictions.
How British Columbia's fault rule and limitation period compare to jurisdictions in the same Canada region and to those running the same fault rule for fracture claims.
Each answer is independently coherent and references the relevant statute or authority document.
How much is a broken kneecap worth in BC?
Wei (2025) received $150,000 for pain and suffering and $505,829.66 in total.
Can a pedestrian hit in a two car crash sue?
Yes, for crashes before May 1, 2021; Wei’s claim was conceded on liability.
How long do I have?
Two years from discovery under s 6(1) of the Limitation Act.
What is the statute of limitations for fracture claims in British Columbia?
2 years from discoverability. Source: Limitation Act, S.B.C. 2012, c. 13. Filing after the period expires generally bars the claim absent a tolling exception.
Figures on this page are not quotes for any specific case. For representation, consult a lawyer licensed in British Columbia. See /methodology, /sources, and /disclaimer.
