Person suffering chronic pain and severe headaches had a permanent and serious impairment.

February 27, 2011, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The court,in a recent car accident case (McAllan v Carswell), ruled in favour of the plaintiff on a threshold motion.  The car accident occurred in 2003.  The plaintiff suffered from chronic pain and, at times, severe headaches.  This had continued since the car accident.  Three doctors felt that the plaintiff's injuries, including the ongoing headache pain was permanent.  The plaintiff had problems with dizziness and balance with the headache pain.  The headache pain would require the plaintiff to stop working, both at work and at home.  The judge noted that a person who could carry on daily activities, but was subject to permanent symptoms including sleep disorder, headaches, severe neck pain, nausea and dizziness, which had a significant impact on the plaintiff's enjoyment of life, did suffer a serious impairment.

"It is clear on the preponderance of the evidence that the plaintiff is subject to ongoing symptoms that can be considered permanent that include severe headache pain, dizziness and balance problems.  This has resulted in her inability to return to full-time employment, maintain her home as she did before the accident and pursue pre-accident social activities.  There has been a significant effect on her life that must be considered serious.

Even though the plaintiff is capable of maintaining some employment, the impairment is still serious."

It is also interesting to note that the doctor who provided the medical legal opinion on behalf of the defence only completed a paper reveiw and had no recollection of the plaintiff's pre accident activities when testifying.  The judge preferred the evidence of the plaintiff's treating physicians and experts.  The judge also noted the evidence provided  by lay witnesses regarding their observations of the plaintiff's condition before and after the car accident.

Posted under Personal Injury, Car Accidents, Chronic Pain, Pain and Suffering

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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 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.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain or Head injury
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  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement
  10. Fibromyalgia
  11. Nursing Home Fatality Claims

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