In the case of McWilliams v Hardy, plaintiff Morgan McWilliams was involved in a car accident on November 22, 2018, when defendant Ronald Hardy rear-ended her vehicle. During the trial, Mr. Hardy admitted liability for the collision. The main issues were the injuries sustained by Ms. Williams and the assessment of damages she was entitled to for those injuries.
As a result of the collision, Ms. McWilliams suffered various physical injuries, and the usual recovery period was about six months. However, at the time of the trial, it had been four and a half years since the accident, and she claimed that the pain from her injuries continued to affect her quality of life, ability to work, and perform household tasks. Additionally, she experienced depression and debilitating driving anxiety due to the collision. The court awarded Ms. McWilliams a total of $293,575.64 in damages, which could be broken down as follows:
a) $127,500 for non-pecuniary damages
b) $3,109 for past wage loss
c) $148,808 for loss of future income earning capacity
d) $13,000 for the cost of future care
e) $1,158.64 in special damages