What is the test for establishing that a plaintiff has suffered from a degenerative disc injury as a result of her motor vehicle accident?
British Columbia, Canada
The following excerpt is from Hall-Smith v. Yamelst, 2015 BCSC 1640 (CanLII):
Has the plaintiff established a real and substantial possibility that she will suffer a loss of income in the future as a result of her injuries? As stated in Perren v. Lalari, 2010 BCCA 140 at para. 32, has the plaintiff proven that there is a real and substantial possibility of a future event leading to an income loss? Any residual pain that the plaintiff still suffers is as a result of the exacerbation of the pre-existing degenerative disc condition as a result of the accident and heightened pain from chronic anxiety unrelated to the accident. The former condition would have occurred at some point in the future, that point being uncertain.
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