Victim of car accident has met the threshold of proof in the Insurance Act and is permanently impaired.
January 20, 2015, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
A young woman working as an exotic dancer was involved in a car accident. Her car was hit by a 14,000 pound delivery truck and she suffered from severe whiplash. She claimed that she sustained permanent serious impairment of important physical functions, and that she was no longer able to work in her profession. The insurance company put forward a motion and argued that she failed to meet the civil standard of proof that she sustained permanent serious impairment of an important physical function.
Physician’s reports were submitted by both parties, but the judge preferred the evidence of the plaintiff as it represented a more complete assessment.
The judge determined that three questions had to be answered to determine whether if the plaintiff met the threshold:
- Has the plaintiff sustained a permanent impairment of a physical, mental or psychological function?
- If yes, is the function so impaired an important one?
- If yes, is the impairment of the important function serious?
After reviewing the evidence the judge determined that the plaintiff met the threshold and dismissed the insurance company's motion.
|Posted under Personal Injury, Car Accidents, Pain and Suffering, Spinal Cord Injury, Truck Accidents
View All Posts
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.