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Man injured in car accident fails meet threshold for serious impairment provided in the Insurance Act.

January 22, 2015, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The plaintiff in this case was involved in a car accident and suffered soft tissue injuries. He took a couple of weeks off of work and returned to working the same hours as before the accident. He alleges chronic pain now, which he claims will worsen with time. He has since become a fully licenced plumber working full time.

The defendants put forth a motion claiming the plaintiff did not meet the threshold of proof for his claim.

The judge reviewed the evidence given by the plaintiff and the medical evidence and determined that the plaintiff did not meet the onus of proof that the pain suffered would result in a serious impairment which would substantially interfere with his ability to continue his regular or usual employment or substantially interfere with most of his usual activities of daily living considering his age.

The motion was dismissed.

 

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

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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.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain or Head injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  10. Post Traumatic Stress Disorder
  11. Business Interruption Insurance
  12. Birth Trauma Injury
  1. Wrongful death
  2. Bicycle accidents
  3. Disability insurance claims
  4. Slip and fall injury
  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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