Are motorcycle rider's injuries permanent and serious

August 02, 2014, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

A car driver was recently charged in an accident involving a motorcycle.  The rider of the motorcycle suffered a broken wrist in the accident.   The motorcycle driver tried to avoid an accident with the car driver which resulted in the injury.  The car driver was trying to cross King Street in Waterloo by going from one plaza to another plaza on the other side of the road.  The motorcycle rider was able to avoid colliding with the car but the evasive action caused the motorcycle rider to lose control of the motorcycle.  The car driver was charged with failing to yield.

In a claim for general damages (pain and suffering), it is important to consider whether the injuries suffered in the accident will be permanent and serious.  This is a summary of a more extensive definition.  Basically the injuries sustained in the accident have to be permanent.  That is that the injuries are continual and the prognosis for recovery is uncertain.  The injuries also have to be serious.  The general test for “serious” is whether the injuries substantially affect the victim’s ability to carry on his or her employment or whether the injuries substantially affect the injured person’s activities of daily living.  The test is very important, and can be very difficult to interpret.  A personal injury lawyer, working with you medical treatment providers and medical specialists, can provide you with the best opinion as to whether your injuries meet the threshold and can sue for general damage. 

Posted under Personal Injury, Car Accidents, Fractures, Motorcycle Accidents, Pain and Suffering, Paraplegia, Treatment

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About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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